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

[Carpe Vinum 2,327]

3 minutes ago, payxibka said:

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. 

This should be in GOLD BOLD PRINT. I know that Payxibka and I have both dealt with the Russian/Ukrainian and Filipino grapevine. Sometimes it is hard to break through the spell))) 

[CTimeline 27]

On 3/29/2020 at 1:07 PM, Pinoyman said:

Hello all. New member here. Would like to ask for advice about my situation. Im a green card holder and currently Im in the Philippines now. My planned trip back to the states was on March 26 of this year but it was cancelled due to the virus problem. I will be reaching my 6 month stay here on the 22nd of April. Still there are news about extending the lockdown in our city which means no internarional flight. Will I still be allowed to enter the the states if I stay here for more than 6 months? Also my son will be coming with me, its his first time to go to the states with an immigrant visa that expires on April 24,2020. Thanka all.

I am sorry to hear your situation. Although I am in USA on GC, I am worried to leave the country fear if your situation occurs to me. I would immediately contact local USA embassy in Phillipines immediately and explain the situation to see if they give you waivers. Also, to get some level of advice, you can post your question on this site and see what lawyers think. 

https://www.avvo.com/

[CTimeline 27]

On 3/29/2020 at 1:41 PM, Boiler said:

There has been a lot in the news about rescue flights, make sure the Embassy know your situation so you are notified.

Yes... Here is what Embassy is doing for India to move both US Citizens and Permanent residents to USA using special flights. Obviously, Phillipines would have its own situation.

 

https://forms.microsoft.com/Pages/ResponsePage.aspx?id=dFDPZv5a0UimkaErISH0S1c3ZbfxegZCrct_9acK3wRUMDM3MjY5TFlKRThURjdaSEpXSEpZWFUzRiQlQCN0PWcu&ranMID=43674&ranEAID=je6NUbpObpQ&ranSiteID=je6NUbpObpQ-IRV.9DYqL1SImdHREgmVxA&epi=je6NUbpObpQ-IRV.9DYqL1SImdHREgmVxA&irgwc=1&OCID=AID2000142_aff_7795_1243925&tduid=(ir__ddx33nu0xwkftwaekk0sohzg2n2xn23tzepn1a9x00)(7795)(1243925)(je6NUbpObpQ-IRV.9DYqL1SImdHREgmVxA)()&irclickid=_ddx33nu0xwkftwaekk0sohzg2n2xn23tzepn1a9x00

[Mike E 11,741]

On 3/30/2020 at 3:02 AM, 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.

What is likely to happen is a secondary Inspection. Now apparently some people don’t think that is problem and some people do think it is problem. I am in the latter group.  But this is surmountable. 
 

What can happen in secondary is that CBP makes an investigation as to whether the LPR abandoned permanent residency or not.  It is always a good idea to have a solid story and evidence of intent to maintain residency. Tax returns, rfidrncr if rent or mortgage being paid, current USA drivers license, etc.   

[payxibka 10,047]

The result of this investigation will result in?

[Mike E 11,741]

On 3/29/2020 at 10:07 AM, Pinoyman said:

Hello all. New member here. Would like to ask for advice about my situation. Im a green card holder and currently Im in the Philippines now. My planned trip back to the states was on March 26 of this year but it was cancelled due to the virus problem. I will be reaching my 6 month stay here on the 22nd of April. Still there are news about extending the lockdown in our city which means no internarional flight. Will I still be allowed to enter the the states if I stay here for more than 6 months? Also my son will be coming with me, its his first time to go to the states with an immigrant visa that expires on April 24,2020. Thanka all.

To answe your question yes you will be allowed to enter the USA but not necessarily without consequences. If you return after a 6 month absence you will likely be sent to secondary inspection. You will then be motivated to satisfy CBP that you did not intent to abandon your residency.  As others have said, documentary proof of the original travel date, and of your lockdown and canceled flights is helpful. 
 

As are proof that you maintained your residency. 2019 tax return. USA drivers license. Proof of payment of rent / mortgage, etc.  

 

If CBP concludes you intended to abandon residency you will be pressured to sign a document that says you abandon your residency.  
 

Sign nothing other than your customs declaration. Hold fast and eventually you will be admitted.  Worst that will happen is that CBP will recommend to DHS that you have a trial with an immigration judge to decide whether you abandoned your residency.  
 

That is the 6 month rule. Then there is the 12 month rule.  Your experience will be the same just even more pressure and more proof demanded. In the end though you have to be admitted.
 

The difference between the 6 and 12 month rules is that even CBP decides you did not abandon residency, it must still report this to DHS. And so for the rest of your life as a green card holder you will have the risk of an immigration trial.  The remedy is to naturalize. And you will have to wait 5 years for that (or 3 years if filing on the basis of a green card through marriage to an LPR or USA citizen).  
 

There are documented cases of people who were gone for years and entered the USA with no problems besides the expected secondary.  
 

How many months are left on your green card?

[Pinoyman 3]

4 hours ago, Mike E said:

To answe your question yes you will be allowed to enter the USA but not necessarily without consequences. If you return after a 6 month absence you will likely be sent to secondary inspection. You will then be motivated to satisfy CBP that you did not intent to abandon your residency.  As others have said, documentary proof of the original travel date, and of your lockdown and canceled flights is helpful. 
 

As are proof that you maintained your residency. 2019 tax return. USA drivers license. Proof of payment of rent / mortgage, etc.  

 

If CBP concludes you intended to abandon residency you will be pressured to sign a document that says you abandon your residency.  
 

Sign nothing other than your customs declaration. Hold fast and eventually you will be admitted.  Worst that will happen is that CBP will recommend to DHS that you have a trial with an immigration judge to decide whether you abandoned your residency.  
 

That is the 6 month rule. Then there is the 12 month rule.  Your experience will be the same just even more pressure and more proof demanded. In the end though you have to be admitted.
 

The difference between the 6 and 12 month rules is that even CBP decides you did not abandon residency, it must still report this to DHS. And so for the rest of your life as a green card holder you will have the risk of an immigration trial.  The remedy is to naturalize. And you will have to wait 5 years for that (or 3 years if filing on the basis of a green card through marriage to an LPR or USA citizen).  
 

There are documented cases of people who were gone for years and entered the USA with no problems besides the expected secondary.  
 

How many months are left on your green card?

Thanks Mike. Your answer to my question makes sense. My green card expires in 2026. It will be my 6th month here in the Philippines on the 24th of April. 

[Gonzalaz 15]

On 3/29/2020 at 3:44 PM, Pinoyman said:

No . I dont even know that thing exist. 

Also, you can register with the embassy in your country and they will send you email updates. I am in Argentina and registered with the US Embassy in Buenos Aires. I get email updates almost daily from them. I started receiving these emails when I registered with STEP (Smart Traveler Enrollment Program). https://step.state.gov/

 

As someone else noted, KEEP EVERYTHING. Keep all documentation of your intent to leave. Also keep documentation of the dates and measures of the quarantine where you are so there is no question that you tried and could not leave. 

 

Good luck!! And stay healthy! (Because your health unfortunately will also be a factor in returning! You don't want to have a fever when you go to board that flight and then they don't let you on....)

[JackDp 1]

you are not the only one in this situation, have similar.

 

I've been contacting CBP and USCIS several times, most of their advises were missleading and basically in opposite direction. I made several calls with same question last week, and USCIS gave me 2 same answers - call your embassy, describe situation and they will guide you. We are in contact with ours, will see.

 

PS. I found it quite encouraging to hear sympathy from 2 different USCIS contacts and their encouragements, of course, it was not legal advise or something you could use for your case, but some basic human understanding is good to have.

[jobele987 0]

My mom’s supposed to come back in the US on April 17th with my dad but I just got a notification that their flight is cancelled. My mom has a green card, my dad’s visa on the other hand is expiring on 04/23/20. I’m thinking there has to be some consideration due to this global pandemic. 

[ManofGod 1]

I don't think you should be worried. Because green card holders shouldn't be out US for more than a year, 6 months  is still okay. The only time you should be worried is when you fill for citizenship. They will ask you if you have stayed outside the US for more than 6 months within the last one year.