What happens to parents with green card who were out of the US for about 15 months? 3 Answers as of April 29, 2015

My parents having un-expired green card travelled to India last year January to close all the ties in India and return back to the US. But unfortunately my father had health issues and had to go through a surgery and couldn't return back within a year. What will happen if they return now? I see that the option to apply for reentry permit is not possible, since they are not present in the US. Is there anything else I can do? Any help is greatly appreciated.

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Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
Regrettably, your parents should expect to be deemed to have abandoned their residence in the U.S. and their Permanent Resident status, and they should plan to re-apply through consular processing. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answer Applies to: Georgia
Replied: 4/29/2015
Universal Law Group, Inc. | Francis John Cowhig
Technically, by staying out of the U.S. for more than a year, they are deemed to have abandoned their green card. However, if you have proof of your father's illness and surgery (medical records, etc.) the abandonment issue can be overcome. When they return back to the U.S., they most likely will have their green cards cancelled and be placed in removal proceedings. They should deny the abandonment and request to be paroled in. Once they are before the immigration judge, they will need to prove the medical issues. Good luck.
Answer Applies to: California
Replied: 4/28/2015
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
At this time, I would recommend that they try to come in anyway with their old green cards and see what the inspection officer says at the airport. But do make sure is that they bring with them on hand proof that your father has had medical issues and that was the reason why he couldn't travel within the time allowed in order for him to keep his green card. If anything goes wrong, then your parents can always file for their green cards while in the United States. They may have to do it before an immigration judge. But it is a problem that can be solved.
Answer Applies to: California
Replied: 4/28/2015
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