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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Permanent resident coming a Little late to US
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Associate Member
Posted
Hello

I would like to ask a question my mom is a US permanent resident. She has been out of US for 3 years. While outside the US she suffered an attack of arthritis and was unable to travel or walk. We have all the medical records. She is feeling good now and can walk and she is returning to US next week. I like to ask what kind of issues can there be related to immigration or what is the best possible way to avoid any issue due to coming late to US…. Thanks
 
Posts: 4 | Registered: 06-22-2004Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
Posted Hide Post
Your message is incongruent. How can she be a permanent resident and have been out of the U.S. for 3 years?

My first question would be "What visa does she plan on using to enter the U.S.?"
 
Posts: 746 | Registered: 05-06-2004Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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What I meant is that she has green card. After receiving her permanent residence she was in US for four years, but then she left and could not come back due to medical reasons. She is returning now. Any tip would be appreciated.
 
Posts: 4 | Registered: 06-22-2004Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Posted Hide Post
There's a real likelihood she will be turned back at entry. Permanent residents are supposed to be just that--permanent residents of the U.S. Long stays overseas may be viewed by an immigration inspector as breaking that. I'd check with a good lawyer, and find out what proofs she might use, or if there are other courses of action.
 
Posts: 2166 | Registered: 09-11-2003Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
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She needs to fill out a DS-117.

http://www.state.gov/documents/organization/7765.pdf

By the way, "permanent resident" and "green card holder" are synonymous.
 
Posts: 746 | Registered: 05-06-2004Reply With QuoteEdit or Delete MessageReport This Post
<aneri>
Posted
Hi amoda1,

Your mother should call the US embassy and find out how to apply for SB-1 returning resident visa. The form for that is DS-117, as Sphyrapicus3 said. As with every visa, it takes time to get approved or denied... With the family and property in the US, assuming she was filling US taxes, and her initial intenition was to return to the US after a short stay in her home country (unused return ticket), and medical documents stating that she was unable to travel, she has a good shot in getting returning resident visa.... but it takes time, weeks if not months.
She should postopne her trip to the US. Or face a big risk at being denied entry at the POE.

Good luck and let us know how things unfold.
 
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