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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28200
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I Am a permanent us resident. My father came over last year

Customer Question

I Am a permanent us resident. My father came over last year in. Tourist visa and got a heart attCk while in the us. He was admitted to a local hospital in saint Louis for nine months. In the mean time my mom came over on a multiple entry visa given my dads condition. The doctors were not sure when he would be able to go back as such we file for extension for my mom as. Her 6 months expired on July 13th. However. We were able to airlift my dad back to India for treatment on July 22nd. Her extension was still being processed when she left the country. She is coming back in a week and going to los angelese to see my sister and her newly born baby. Given she left while her extenstion was being processed will she both ebable to enter. She has a multiple entry visa and can it have any effect on my green card status
Submitted: 13 days ago.
Category: Immigration Law
Expert:  Judith replied 13 days ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith replied 13 days ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I am sorry about your father's health emergency and hope he is recovering well.

Good news about a grandchild for your mother.

No she will not have any issue as a result of her departure while her extension request was pending.

She should carry with her the following:

1. Copy of her ticket and her boarding pass for her flight or proof she boarded the private medical airlift flight in July or any other proof of her departure

2. Copy of her I-797 Notice of Action fee receipt.

If she can go the USCIS website and print off the status page showing if any action was taken and it should also give the date if it was. She wants to show she departed before a decision.

The USCIS has published policy guidance on page 35 of their Unlawful Presence memo which states that one is in a period of stay authorized by the attorney general and that there is no negative repercussions for departing while the request is still pending.

http://www.ilw.com/immigrationdaily/news/2009,0515-neufeld.pdf

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Judith

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