Q: Green card holder, living outside US for 1.5 years.. can they travel back to US on green card (no valid i-131) ?
My parents visited US in on visitor visa, and I sponsored there green card. Now they are outside US for 1.5 years. My questions is:
1. can they travel to US on green card, after 1.5 years of gap (they don't have a valid 1-131, re-entry permit) ? green card is still valid.
2. there visitor visa is still in validity dates, can they travel on that, instead of green card ?
A:
More information is needed. Why did they remain outside of the U.S. for over a year?
A lawful permanent resident green card holder is presumed by CBP to abandon their green card status when they do not make their principal residence in the U.S. for more than one year. If there is any indication that they intended to resided permanently in the U.S., then they should be prepared to show documentation to prove intent to reside permanently or proof of physical presence, upon request. A green card is not meant to be a glorified visitor visa. It can be forfeited, and the cardholders placed in immigration court when a permanent resident green card holder chooses to make their primary residence outside the U.S.
I strongly recommend a teleconference with a competent, candid, ethical and experienced immigration attorney before there are any other complications. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
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