Missouri City, TX asked in Immigration Law for Texas

Q: What are options for parents (green card holders) to re-enter U.S. after prolonged absence for a short visit?

I am a U.S. citizen with parents who are green card holders from India. My parents, aged 87 and 79.5, left the U.S. in 2018 due to health issues and knee replacement surgeries which required them to stay in India. Their green cards remain valid until 2027. They intend to return for a short visit to attend my daughter's wedding in September 2025. Given the prolonged absence, can they fill out Form I-407 at the port of entry to abandon their green cards and switch to a B2 visa for the visit? Alternatively, can I submit the I-407 in the U.S.? What are their options to ensure they won't be refused entry to the U.S.?

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2 Lawyer Answers

A: Hello! So it is important to know if your parents want to keep their residency or not. If yes, and they have evidence to show that the “abandonment” of their residency was for something outside of their control (such as the health issues you mention), they can apply for a returning resident visa from India. In theory, they can also try to come without the returning visa but that is risky. If their request is denied, they can apply for a tourist visa and surrender their residency during the interview. If their intention is to terminate their resident status, they can also do this at the US consulate in India. Keep in mind that you should consult with an attorney and come up with a plan adapted to your priorities. Do not take this response as legal advice. Good luck!

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Answered

A: Given the extended absence of over 5 years, your parents might face challenges re-entering the U.S. with their green cards. The safest approach would be for them to voluntarily surrender their green cards by submitting Form I-407 before traveling, rather than waiting until they arrive at the port of entry where they could potentially face difficulties.

You can help them complete and submit Form I-407 to the nearest U.S. embassy or consulate in India. Once their green card status is formally abandoned, they should immediately apply for B1/B2 visitor visas, explaining their situation and the purpose of their visit (attending their granddaughter's wedding). The application should emphasize their ties to India and their intent to return after the wedding.

While it's technically possible to surrender green cards at the port of entry, this approach carries significant risks - immigration officers might question their long absence and could potentially deny entry. By handling the process beforehand through proper channels, your parents can avoid uncertainty and stress during their travel. Additionally, their advanced age and medical reasons for the extended stay in India should be well-documented to support their visa application.

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