Homeland wont put me on repatriation flight. Whats best to do?

[PerfectStorm 0]

Hello!

I`m on B2 visa. Ministry of Foreign Affairs in my country issued rules regarding repatriation flights. They will not put anyone on repatriation flight if one left country before Dec, 31 2019. They turned away hundreds yesterday in JFK from flight based on this and other rules (checking stamps in their passports). They basically flew empty plane back. I am not able to even get on waiting list because of this. 

Now..I`m both eligible to apply for i-539 extension and family based AOS. Whats is best/legal option?

 

 

[Cyberfx1024 7,980]

18 minutes ago, PerfectStorm said:

Hello!

I`m on B2 visa. Ministry of Foreign Affairs in my country issued rules regarding repatriation flights. They will not put anyone on repatriation flight if one left country before Dec, 31 2019. They turned away hundreds yesterday in JFK from flight based on this and other rules (checking stamps in their passports). They basically flew empty plane back. I am not able to even get on waiting list because of this. 

Now..I`m both eligible to apply for i-539 extension and family based AOS. Whats is best/legal option?

 

 

What country is this?

[geowrian 22,337]

Both are legal options, assuming one is eligible.

The best one depends on the goal. An extension is for somebody who lives abroad and visits. AOS is for somebody who wants to establish permanent residency in the US. These are very different paths.

On what basis would you AOS?

[PerfectStorm 0]

6 minutes ago, Cyberfx1024 said:

What country is this?

Russia

[PerfectStorm 0]

2 minutes ago, geowrian said:

On what basis would you AOS?

Parent of US citizen. I don`t wanna fall into unlawful presence if i-539 gets denied. Or if border closure continues for long time.

[Boiler 45,733]

Seems what they are doing is that the flights are to individual regions so if you come from Moscow area you need to be on that flight.

[designguy 1,179]

1 hour ago, PerfectStorm said:

Whats is best/legal option?

We cant tell you. AOS means you want to live in the US permanently. Is this the case?

[geowrian 22,337]

1 hour ago, PerfectStorm said:

Parent of US citizen. I don`t wanna fall into unlawful presence if i-539 gets denied. Or if border closure continues for long time.

Then AOS is an option in your case, assuming you want to permanently live in the US and have a suitable financial sponsor. The reason I word it that way is idk if you plan on retiring soon or anything, and healthcare costs are usually a significant hurdle in that category.

[millefleur 5,047]

1 minute ago, geowrian said:

Then AOS is an option in your case, assuming you want to permanently live in the US and have a suitable financial sponsor. The reason I word it that way is idk if you plan on retiring soon or anything, and healthcare costs are usually a significant hurdle in that category.

I'd like to add that if you just want to do AOS merely to avoid an overstay, it could jeopardize your B-2 visa and any future tourism visits to the US as it would show you have immigrant intent. That is how USCIS would see it, as AOS is meant for permanent residency, not just avoiding an overstay.

 

If you plan to live in the US and have no intention of returning to Russia to live there for many years, AOS makes sense. If not, the I-539 extension is more logical. It depends on what your plan is as others have mentioned.

[PerfectStorm 0]

38 minutes ago, Boiler said:

Seems what they are doing is that the flights are to individual regions so if you come from Moscow area you need to be on that flight.

They took only 61 passengers from JFK. Only residents from Moscow - I`m not. But rule regarding  entry before Dec 31, 2019 applies to everyone. Meaning even if I did live in Moscow I would not be allowed on a flight. Or any other repatriation flight from anywhere in the world that they are arranging. 

[PerfectStorm 0]

21 minutes ago, geowrian said:

Then AOS is an option in your case, assuming you want to permanently live in the US and have a suitable financial sponsor. The reason I word it that way is idk if you plan on retiring soon or anything, and healthcare costs are usually a significant hurdle in that category.

Yes we talked about that with my son. I`m already retired. So we were looking at private insurance cost. I`m quite healthy, no underlying conditions. On that note....while AOS pending do I need to have private insurance right away? or will travel insurance be ok in the beginning (which I already have)? maybe you happen to know

[geowrian 22,337]

1 hour ago, PerfectStorm said:

Yes we talked about that with my son. I`m already retired. So we were looking at private insurance cost. I`m quite healthy, no underlying conditions. On that note....while AOS pending do I need to have private insurance right away? or will travel insurance be ok in the beginning (which I already have)? maybe you happen to know

You would be eligible for a plan on the exchange (healthcare.gov) once you got the NOA1. If you are age 65+, once you got a green card (Edit: for 5 years) you could do Medicare (although you would have to buy into any parts you want).

Your travel insurance policy would dictate when you are covered or no longer covered. I can't say with certainty either way how your plan functions.

Edited April 10, 2020 by geowrian

[Boiler 45,733]

Need GC for 5 years before you can buy into Medicare.

 

I have very limited knowledge of Russian Insurance norms, I would expect that once you are no longer travelling it would cease.

 

[geowrian 22,337]

25 minutes ago, Boiler said:

Need GC for 5 years before you can buy into Medicare.

My mistake...thanks for the correction. I got my wires crossed.

[deborabr 16]

Hello PerfectStorm we are in a similar situation and I was wondering what you decided to do?

 

In my case I am having a baby anytime now and have to move across country in July so I would really need my mother here for a little while but she doesn't plan on living in the US indefinitely. I am not really sure what to do as of right now. She could potentially fly home and attempt to return but she has diabetes and other conditions and I don't want to risk her health either. I am worried about applying for visa extension and having it denied too since it will take a while to hear back on that we can count on it. Currently she can stay til the end of June but I don't know if would be wiser to just wait and see how things are here and back home by then. Just trying to figure this out as well...