My mother is a green card holder. She stayed a year and half outside us.

Question

My mother is a green card holder. She went out of usa with the intention of coming back after 5 months. But due to my father heath she had to take care of him taking him to his dialices appointment she stayed one year and a half out sitde the us. My father passed away and now she want to come back. What does she need to do when shes at the airport talking to cbp

Carlo Franco L. Borja · Answer

A green card holder who stays outside the US for a continuous period of over a year loses the LPR status. She will need to apply for an SB-1 (returning resident) visa. Work with an immigration lawyer

James L. Arrasmith · Answer

Your mother's situation is challenging, and I'm very sorry to hear about your father's passing. This must be a difficult time for your family. 
 
When your mother arrives at the airport, she should be prepared to explain to CBP officers why she stayed outside the US longer than 6 months. She should bring documentation proving her father's medical condition and death, including medical records, dialysis appointment records, and the death certificate. Having these documents translated to English if they're in another language would be helpful. She should also bring evidence of her ties to the US, such as property ownership, tax returns, or bank accounts to show her intention to maintain permanent residence. 
 
Given that she stayed outside the US for more than one year, CBP might consider her green card abandoned. If questioned, she should explain that her extended stay was due to extraordinary circumstances - caring for her ill father - and that she always intended to return to the US. If CBP determines her green card is abandoned, they may refer her to immigration court. In this case, she might need to apply for SB-1 (Returning Resident Visa) at the nearest US embassy or consider filing Form I-193 (Application for Waiver of Passport and/or Visa) upon arrival. You may want to consult with an immigration attorney before her travel to discuss these options and prepare for various scenarios.

Q: My mother is a green card holder. She stayed a year and half outside us.