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Permanent Resident (Late Trip to US)

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  • Permanent Resident (Late Trip to US)

    I have a small question, if someone can assist me on this. My folks are permanent resident and were not able to come to US for some medical reasons(have all the medical reports) for the last 2-3 years. I believe if permanent resident a trip is required every year. What kind of fine they are looking at. Is there a way to prevent any kind of issues that may arise due to a late trip to US.

  • #2
    I have a small question, if someone can assist me on this. My folks are permanent resident and were not able to come to US for some medical reasons(have all the medical reports) for the last 2-3 years. I believe if permanent resident a trip is required every year. What kind of fine they are looking at. Is there a way to prevent any kind of issues that may arise due to a late trip to US.

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    • #3
      If it comes to the attention of the inspecting officer and if he or she asks the propper questions ("how long have you been outside the U.S.?"), they probably will have to show some kind of tie to the U.S. and/or prove that they did not intent to abonden their LPR status or residency in the U.S.

      If they have U.S. accounts, real estate, insurance etc., they should have all paid receipts etc. with them as well as translated & certified medical reports about their conditions and why they were not fit for travel back home.

      The burden to prove that they never intented to leave the U.S. permanently lies with the alien after 180 days of abbroad stay and the ability to return to the U.S. shortly after that time is handled on a discreationary basis. Just to give the worst case scenario a consideration, unfortunatly, with a 2-3 year time frame it is by statute that they may have lost their LPR status. Good luck!

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