Missing return to US of GC holders for over 1 year due to virus

[JackDp 1]

Hi all,

my parents are green card holders (IR5), who currently stay outside of US for less then a year. We have tickets bought to US for the end of April, this is when they will return to US earlier then 1 year of being outside of US. Now, with corona virus, it very well may be they will miss their flight because: 1) there is ban in US on entering people from the country they are now; 2) this country also banned international travels for the same reason; 3) common sense as in 1 month the situation with virus won't change too much and for them, 60+, travel is big risk.

 

So, they are facing the situation of violating regulation - if they need to postpone their flight for more then 2 weeks they be "overdue" in their return to US, exceed their stay for more then a year. It is very sad and unfortunate, we did a lot to get to this point, ie when they can come to US, but the situation is force majore.

 

Called to USCS twice - first time I was said this is up to Customs and Border Protection personal; second time -  USCIS advised to file I131A form, but it is not quite their case/eligibility, and it is 575 USD per person. Called CBP, they said it it not their business, talk to USCIS, Consulate referred to CBP. Circle closed. 

 

The bottom line - I do not see clearly what we need to do to keep GC status, and safely return to US in future once corona virus situation improves (1 month from now? 2? 6? who knows). Of course, giving up GC is not an option, but there must be something in place for situation like this without "punishing" the GC holders.

 

Your opinions, advise or experience is highly appreciated!

 

Many thanks and stay safe!

[Lemonslice 4,835]

1) there is ban in US on entering people from the country they are now - Permanent residents are not banned from coming back to the US.  They might have to self quarantine.  

[geowrian 22,337]

If outside of the US for 1 year or longer, it is presumed that they have abandoned their permanent residence.

That presumption can be overcome via evidence that their trip was only temporary and they maintained their ties to the US. This would often be in the form of having filed their US tax returns as a resident, not claiming residency elsewhere, maintaining an abode in the US, etc.

 

The CBP officer makes the decision at POE. They will either admit or parole them into the US. If admitted, no issue. If paroled, they will need appear before an immigration judge who will make a determination.

Another option is they may be offered an I-407 at POE. If so and they intend to fight the officer's decision, do not sign it. They cannot make you sign it.

 

I have a feeling that there will be some leniency over the next few months for people who have been abroad for slightly over 1 year...officers generally don't want to refer somebody to an IJ who will look at the unusual circumstances and likely rule in their favor. At least that's my opinion.

 

If admitted, they may be warned not to spend so long abroad (generally 6+ months) again. This is not formal, but it's a heads up that they are already pushing it.

 

The I-131 doesn't apply here. That would either be for a re-entry permit (which you can only file if already in the US) or boarding foil (which only gets you on the plane, and it appears they have valid green cards so that probably won't be the issue).

 

Just for full disclosure, there is an SB-1 visa as well for returning residents. But I think just showing up slightly over 12 months would be better than trying this route.

[Boiler 45,467]

https://travel.state.gov/content/travel/en/traveladvisories/ea/travel-advisory-alert-global-level-4-health-advisory-issue.html

 

If you decide to travel abroad or are already outside the United States:

• Consider returning to your country of residence immediately using whatever commercial means are available.
• Have a travel plan that does not rely on the U.S. Government for assistance.
• Review and follow the CDC’s guidelines for the prevention of coronavirus.
• Check with your airline, cruise lines, or travel operators regarding any updated information about your travel plans and/or restrictions.
• Visit travel.state.gov to view individual Travel Advisories for the most urgent threats to safety and security.
• Visit our Embassy webpages on COVID-19 for information on conditions in each country or jurisdiction.
• Visit the Department of Homeland Security’s website on the latest travel restrictions to the United States
• Visit Keeping workplaces, homes, schools, or commercial establishments safe.

[Boiler 45,467]

This thread suggests there are other reasons, unless they were prescient?

 

 

[SusieQQQ 11,586]

I agree there might be leniency 

however

people who push it to close to a year and then go over because of something unexpected... may find less leniency, at least from some officers 

there has been time enough to arrange flights back, the issuing of the travel advisory (posted above by boiler) should have been a trigger for LPRs abroad to return.

imo it could go either way, no one can say for sure...this is definitely one where cbp Officer would have discretion.

 

part of how that discretion is exercised may depend on past behavior... so the post discovered by boiler below could be pertinent too

32 minutes ago, Boiler said:

This thread suggests there are other reasons, unless they were prescient?

 

 

 

[SusieQQQ 11,586]

1 hour ago, JackDp said:

Called to USCS twice - first time I was said this is up to Customs and Border Protection personal; second time -  USCIS advised to file I131A form, but it is not quite their case/eligibility, and it is 575 USD per person. Called CBP, they said it it not their business, talk to USCIS, Consulate referred to CBP. Circle closed. 

CBP can’t do anything until they present themselves at the border.  The only way the consulate can help is if they apply for a SB1 visa (from the little I’ve pieced together from this post and the other one referenced above, it doesn’t sound like that would be a successful route). Uscis can’t do anything for them while they are abroad - i131 has to be filed from within US.

[Dashinka 24,488]

It seems their only options at this point are to try and get a flight back if they can ASAP, or wait it out.  If they choose to wait it out and then present themselves to CBP after being gone a year, they may be let in with little fanfare, or the CBP officer may not be so cooperative.  In the case of the latter, they should not surrender their GCs to CBP, but rather demand an Immigration hearing in front of an IJ.

 

In my opinion, I would be looking to get them back in the US ASAP and deal with any self quarantines as the potential alternative could be very costly.

 

Good Luck!

[belinda63 3,038]

The ban the US has in affect does not apply to US citizens or LPRs. They can return anytime they can get a flight. 

[Diane and Chris 651]

As was previously discussed 1 1/2 years ago, it appears your parents simply use the GC to visit when they want. IMO, they should give up GC and obtain a visitor visa. That way, no legal problems or worries when entering the US.  Best of luck to you and your parents!  Let’s all stay safe and healthy. 

[retheem 564]

21 hours ago, JackDp said:

Hi all,

my parents are green card holders (IR5), who currently stay outside of US for less then a year. We have tickets bought to US for the end of April, this is when they will return to US earlier then 1 year of being outside of US. Now, with corona virus, it very well may be they will miss their flight because: 1) there is ban in US on entering people from the country they are now; 2) this country also banned international travels for the same reason; 3) common sense as in 1 month the situation with virus won't change too much and for them, 60+, travel is big risk.

 

So, they are facing the situation of violating regulation - if they need to postpone their flight for more then 2 weeks they be "overdue" in their return to US, exceed their stay for more then a year. It is very sad and unfortunate, we did a lot to get to this point, ie when they can come to US, but the situation is force majore.

 

Called to USCS twice - first time I was said this is up to Customs and Border Protection personal; second time -  USCIS advised to file I131A form, but it is not quite their case/eligibility, and it is 575 USD per person. Called CBP, they said it it not their business, talk to USCIS, Consulate referred to CBP. Circle closed. 

 

The bottom line - I do not see clearly what we need to do to keep GC status, and safely return to US in future once corona virus situation improves (1 month from now? 2? 6? who knows). Of course, giving up GC is not an option, but there must be something in place for situation like this without "punishing" the GC holders.

 

Your opinions, advise or experience is highly appreciated!

 

Many thanks and stay safe!

First of all, green card holders are not banned. In any case now, there are only two options here;

1. Get to the US as soon as possible without risking their green cards or

2. Try and get into the US past one year and possibly be deemed to have abandoned residency thus losing their green cards.

 

Unfortunately, it's that simple. Again, people trying to skirt the immigration system and think they will get away with it...doesn't work that way

Edited March 26, 2020 by retheem

[Lil bear 4,189]

Moved to Working and travelling during immigration process..  OP’s question relates to parents who are already LPR 

[Nitas_man 3,100]

On 3/24/2020 at 11:57 PM, JackDp said:

Hi all,

my parents are green card holders (IR5), who currently stay outside of US for less then a year. We have tickets bought to US for the end of April, this is when they will return to US earlier then 1 year of being outside of US. Now, with corona virus, it very well may be they will miss their flight because: 1) there is ban in US on entering people from the country they are now; 2) this country also banned international travels for the same reason; 3) common sense as in 1 month the situation with virus won't change too much and for them, 60+, travel is big risk.

 

So, they are facing the situation of violating regulation - if they need to postpone their flight for more then 2 weeks they be "overdue" in their return to US, exceed their stay for more then a year. It is very sad and unfortunate, we did a lot to get to this point, ie when they can come to US, but the situation is force majore.

 

Called to USCS twice - first time I was said this is up to Customs and Border Protection personal; second time -  USCIS advised to file I131A form, but it is not quite their case/eligibility, and it is 575 USD per person. Called CBP, they said it it not their business, talk to USCIS, Consulate referred to CBP. Circle closed. 

 

The bottom line - I do not see clearly what we need to do to keep GC status, and safely return to US in future once corona virus situation improves (1 month from now? 2? 6? who knows). Of course, giving up GC is not an option, but there must be something in place for situation like this without "punishing" the GC holders.

 

Your opinions, advise or experience is highly appreciated!

 

Many thanks and stay safe!

There is no ban on entry of green card holders
Medical / quarantine is a valid “beyond your control” reason to be outside the US for an extended period of time

 

However:  If your parents are not and never have set up and maintained financial or residency ties to the US it will be extremely difficult to have an SB1 processed and extremely difficult to pass muster at POE.  
I don’t see from your post that they are and when you submit an SB1 application you submit your card with it.  Not sure you get the card back if a ruling is made that you failed to maintain ties.

 

SO:  I’d suggest stop calling USCIS and other agencies and call airlines with goal of getting them into the US inside their 1-yr window.

 

When they do get here, they need travel documents before they leave again for an extended period.

 

 

[AnnaMBoros 28]

On 3/25/2020 at 5:57 AM, JackDp said:

Hi all,

my parents are green card holders (IR5), who currently stay outside of US for less then a year. We have tickets bought to US for the end of April, this is when they will return to US earlier then 1 year of being outside of US. Now, with corona virus, it very well may be they will miss their flight because: 1) there is ban in US on entering people from the country they are now; 2) this country also banned international travels for the same reason; 3) common sense as in 1 month the situation with virus won't change too much and for them, 60+, travel is big risk.

 

So, they are facing the situation of violating regulation - if they need to postpone their flight for more then 2 weeks they be "overdue" in their return to US, exceed their stay for more then a year. It is very sad and unfortunate, we did a lot to get to this point, ie when they can come to US, but the situation is force majore.

 

Called to USCS twice - first time I was said this is up to Customs and Border Protection personal; second time -  USCIS advised to file I131A form, but it is not quite their case/eligibility, and it is 575 USD per person. Called CBP, they said it it not their business, talk to USCIS, Consulate referred to CBP. Circle closed. 

 

The bottom line - I do not see clearly what we need to do to keep GC status, and safely return to US in future once corona virus situation improves (1 month from now? 2? 6? who knows). Of course, giving up GC is not an option, but there must be something in place for situation like this without "punishing" the GC holders.

 

Your opinions, advise or experience is highly appreciated!

 

Many thanks and stay safe!

I just would like to encourage you that there are many people in the same situation like your parents - including my husband (green card holder). We had to temporarily leave US for Hungary on May 21st 2019, due to serious family and health situations. He is to come back to the US soil before May the 20th 2020 and we are worried that he will not be able to find a flight there. It took us some time to assess the situation (first stage of trauma: shock and denial) and we didn't take advantage of flights while they were still available. So all we can do is pray and trust God that He will open the doors for my husband and people like him, whether before the deadline or reasonably shortly after. But again - what is a definition of "reasonably shortly" after? 1 month, 2 months, 3 months... I want to hope that immigration officers at the airport will have more understanding for cases like ours, but still - it's just hope, we would prefer something more solid, such as some kind of "status extension" option. Well, I just wanted to encourage you and I truly believe, somehow it will all work out:)