Do my parents (in Guatemala) have the right of reentry into the U.S.? They had their Green Cards when they left in 2021.

Question

My parents left the U.S. unexpectedly in May 2021 to fly to Guatemala to be with me. I had just received notice of my American husband's death, and I was in Guatemala alone. My husband had not obtained my visa yet, and I was denied an emergency visa to come to the U.S. for his funeral. My parents stayed with me in Guatemala until my American sister-in-law was able to complete the visa process begun by my husband, and I moved to Texas in December 2022. My parents remained in Guatemala after I immigrated due to some medical issues. My Mom had eye surgery, and my father had some issues as well. I received my Green Card upon arrival in Texas, and I am now a Permanent Resident. My parents would like to return to the U.S. since I now live here. What do they need to do to reinstate their Green Cards & Permanent Residencies? Should they approach the American Embassy in Guatemala, or do they need to contact the Immigration Department here in the U.S. What should be done first? Thank you.

Artur Tunyan · Answer

Under the general rule, If you are a permanent legal resident and intend to stay outside the United States for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the United States. A re-entry permit allows a lawful permanent resident to apply for admission to the United States upon returning from abroad during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or U.S. Consulate. Re-entry permits are generally valid for 2 years from the date of issuance. Therefore, if your parents are outside of the United States longer than the date the permit was issued (assuming no permit was requested in your case)  or, if they are overseas in excess of 1 year, they may be denied entry into the United States. The key word is "may" because the CBP officer may grant entry for good cause shown or may deny it, considering the permanent residency status was abandoned. In practice, there are many cases when green card holders are allowed entry after 1 year period, especially if no previous warning was noted. If the Customs and Border Protection (CBP) officer believes your parents do not intend to continue living permanently in the United States, they could revoke their status as permanent residents. At that point, it is better to have a stand-by attorney who may represent your parents. You should take into account that every case is unique and it is strongly recommended to discuss your particular case with an immigration attorney and be duly prepared for a negative outcome on re-entry.

James L. Arrasmith · Answer

If your parents left the U.S. with valid Green Cards and had not been outside the country for more than one year, they should be eligible for reentry as Permanent Residents. They should present their Green Cards when entering the U.S. 
 
However, if their Green Cards were lost or expired, they should contact the nearest U.S. embassy or consulate in Guatemala to inquire about the process of obtaining a boarding foil or transportation letter, which will allow them to return to the U.S. 
 
If there are any issues or complications during the reentry process, it's advisable for your parents to consult with an immigration attorney to ensure they follow the correct procedures and address any potential issues. 
 
Best regards, 
James L. Arrasmith 
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

Q: Do my parents (in Guatemala) have the right of reentry into the U.S.? They had their Green Cards when they left in 2021.