Question: Our daughter, her husband and their son received Green Card in December 2016. All of them went to India because son in law was not retired. They were planning to come to US in December 2017 before one year. Unfortunately, son in law is suffering from Colon Cancer and Doctor recommended to have treatment up to March 2018. Is it possible to get extension for up to 4 months on medical ground. They are completing one year in December 2017. Having cancer is a risk to travel and after coming to US being cancer patient is very expensive. Please advise.
Answer: The CBP has a discretion and may sometimes allow people to come in who are right at the end of their one year mark. To maintain a Green Card, the Government expects entry within 6 months of departure. Given the current stance of CBP, the attorneys can not advise of the risk be taken of re-entering after 4 months. However, if they are stuck, they should try the Returning Resident Visa and come that way.
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