Can a green card be reinstated? 2 Answers as of April 29, 2011

My parents went to visit India in 2003; due to my mother's and sister's medical complications there; they could not come back. My sister passed away in 2007 and mother passed away this year. Now my dad wants to come back here. Is it possible to reinstate his GC to US ? if so, does he need to begin with US embassy in India or can we do something for him here? Thank you.

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Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
If your father has been in India since 2003, the green card he had is no longer valid. You will have to reapply for him, from here. As part of the reapplication process, you should surrender his old green card.

A "green card" is a permanent residence permit. It is very important for green card holders to maintain residence in the USA. Brief periods of travel out of the country are permissible, but when the absence from the USA is more than six months, the presumption is an intention to abandon US residence.
Answer Applies to: Washington
Replied: 4/29/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The short answer is for you to re-apply for him if you are a USC. It may take a little time for him to get back to the US that way. If he were to come back with his unexpired green card and found to be inadmissible, then they would probably put him through removal proceedings before an Immigration Judge and you can make your application before that IJ and most likely get LPR status back that way. He may just be able to get through without issues. Good luck!
Answer Applies to: California
Replied: 4/28/2011
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