Green card holder cannot go back to the states due to the virus problem.

[payxibka 10,047]

5 minutes ago, Pinoyman said:

Thanks. Im at the the Philippine department of tourism site  now.  Cant find any lead to the emergency flights. 

https://ph.usembassy.gov/health-alert-u-s-embassy-manila-march-29-2020/

 

Scroll down to info about sweeper flight 

 

This has specific info about the cebu flight but also had some contact info

[Pinoyman 3]

2 minutes ago, payxibka said:

https://ph.usembassy.gov/health-alert-u-s-embassy-manila-march-29-2020/

 

Scroll down to info about sweeper flight 

 

This has specific info about the cebu flight but also had some contact info

Thanks payxibka.

[Cndn 98]

2 hours ago, Lucky Cat said:

Green Card holders can stay outside the US for up to 12 months  without presumption of abandonment of resident status.  On the subject of your son, if the visa expires, there are provisions in the law that allow the consulate to re-validate an expired visa with a new medical exam, fees, etc at the discretion of the consulate officer......but I would try to travel before expiration.

Does the same go for those who travel on AP? I was visiting my family already when the pandemic really started escalating and have decided not to return for the time being since my state has been hit hard. Is it the same 12 month rule for AP holders? 

Edited March 29, 2020 by Cndn

[Boiler 45,733]

There is no rule for AP holders, my guess is that when the rules were drafted nobody anticipated such a dysfunctional adjustment system.

[geowrian 22,337]

4 minutes ago, Cndn said:

Does the same go for those who travel on AP? I was visiting my family already when the pandemic really started escalating and have decided not to return for the time being since my state has been hit hard. Is it the same 12 month rule for AP holders? 

Technically, there is no time limit other than the validity period of the AP document itself. That should be 1 year from the date of issue, so staying abroad over a year would be an issue as it would be staying longer than the document is valid for.

That said, assuming AP is due to a pending AOS application, you do not want to give a reason for CBP to believe you abandoned your claim to permanent residency. Being denied entry on valid AP is exceedingly rare, but note that it paroles you into the country...it's technically not an admission. The IO can still determine your admissibility at the time of AOS.

Edited March 29, 2020 by geowrian

[BBlueB 35]

Just gather all the documentations, and especially those related to "that you tried to come back but couldn't".

Especially related to the corona virus, when you show your intention, it should be fine

[Cndn 98]

1 hour ago, geowrian said:

Technically, there is no time limit other than the validity period of the AP document itself. That should be 1 year from the date of issue, so staying abroad over a year would be an issue as it would be staying longer than the document is valid for.

That said, assuming AP is due to a pending AOS application, you do not want to give a reason for CBP to believe you abandoned your claim to permanent residency. Being denied entry on valid AP is exceedingly rare, but note that it paroles you into the country...it's technically not an admission. The IO can still determine your admissibility at the time of AOS.

Thank you! What kinds of things should I be mindful of while being outside of the US? Or what kinds of things might cause a CBP officer to question if I have abandoned my permanent residency? 
 

My AP status is due to a pending AOS application. 

[Boiler 45,733]

You do not have permanent residency.

[geowrian 22,337]

6 minutes ago, Cndn said:

Thank you! What kinds of things should I be mindful of while being outside of the US? Or what kinds of things might cause a CBP officer to question if I have abandoned my permanent residency? 
 

My AP status is due to a pending AOS application. 

Claim to* You don't have permanent residency yet.

Main thing is don't claim residency abroad. And as always, don't do something stupid like breaking the law (different issue, but worth saying). I would not be too concerned though...just use common sense and return before AP expires. I would not expect issues.

AP due to pending AOS is valid for 1 year from the date of issue.

[AstroCanada 206]

I'm sure it's very stressful to be trapped somewhere during this crisis while navigating the green card system.  I know USCIS can at times seem rigid, but I have to imagine that significant flexibility will be granted in light of the current situation.  Don't panic yet.  

[Cndn 98]

3 hours ago, geowrian said:

Claim to* You don't have permanent residency yet.

Main thing is don't claim residency abroad. And as always, don't do something stupid like breaking the law (different issue, but worth saying). I would not be too concerned though...just use common sense and return before AP expires. I would not expect issues.

AP due to pending AOS is valid for 1 year from the date of issue.

Haha well I’ll try not to commit any crimes then! The expiry on my AP is Aug 2020 and I will be sure to come back at least a month before then. Hopefully everyone stays home and this thing dies down. 

[Pinoyman 3]

15 hours ago, geowrian said:

A single trip of 6+ months but under a year is unlikely to be an issue here IMO.

There are repatriation flights as well, which I believe includes LPRs.

I was informed by a friend that green card holders can only

stay outside of the country for less than 6 months. Anything more than that , the lpr will

encounter problems when arriving at the border.

[geowrian 22,337]

1 hour ago, Pinoyman said:

I was informed by a friend that green card holders can only

stay outside of the country for less than 6 months. Anything more than that , the lpr will

encounter problems when arriving at the border.

They were mistaken. Being abroad over 6 months (but under a year) might raise some questions, but I would not expect an issue being let back in. The main issue is people who are consistently living abroad and just "touch down" in the US to avoid the 1+ year issue.

A trip abroad of 6+ months has a presumption of abandoning continuous residency for naturalization purposes, so in general it will delay the timeline to become a US citizen.

[Pinoyman 3]

2 hours ago, geowrian said:

They were mistaken. Being abroad over 6 months (but under a year) might raise some questions, but I would not expect an issue being let back in. The main issue is people who are consistently living abroad and just "touch down" in the US to avoid the 1+ year issue.

A trip abroad of 6+ months has a presumption of abandoning continuous residency for naturalization purposes, so in general it will delay the timeline to become a US citizen.

Thanks geowrian

[payxibka 10,047]

5 hours ago, Pinoyman said:

I was informed by a friend that green card holders can only

stay outside of the country for less than 6 months. Anything more than that , the lpr will

encounter problems when arriving at the border.

Always best to verify anything a friend says, read on a third party website or is heard via any grapevine.  Tremendous amount of misinformation out there.