Willows, CA Immigration Law Firms & Lawyers

Technically, by staying out of the U.S. for more than a year, they are deemed to have abandoned their green card. However, if you have proof of your father's illness and surgery (medical records, etc.) the abandonment issue can be overcome. When they return back to the U.S., they most likely will have their green cards cancelled and be placed in removal proceedings. They should deny the abandonment and request to be paroled in. Once they are before the immigration judge, they will need to prove the medical issues. Good luck.

There are no other viable options. Your parents are deportable as unlawfully present and inadmissible for 10 years. In other words, even with your petitions for them approved, they have to leave the U.S. and cannot come back for 10 years - unless they can prove that they entered the U.S. with visas, legally. If you filed FOIA requests with USCIS and received "no records" answer, you should make FOIA inquiry with the Customs & Border Protection ( https://foiaonline.regulations.gov/foia/action/public/request/publicPreCreate ) If that, too, fails, you will need an immigration attorney who will take your parents' case all the way through USCIS and Immigration Court.

The Texas Service is processing I-485 applications based on approved I-140 petitions that were filed in June 2010. The Nebraska Service Center is taking about 4 months to process the same type of application. Which one you file at depends on where you live and what the employment category the I-140 is based on. You need to look at the I-485 Instructions and the I-485 Direct Mailing Address Instructions to determine which service center you have to file at. Go to USCIS.gov and click on FORMS at the top, then click on I-485 to find the instructions and addresses.