Greencard - travelling outside US length

[coolmind1414 13]

hello everyone, 

my parents have travelled to india for 5-6 months last time. their flight was scheduled to come in this March, but because of Covid, they decided not to come back from India, and cancelled their flights. 

now i tried to find out about how long they can stay outside usa, but couldnt find appropriate answer. 

Q1) is there a law, that Greencard holders can stay only X number of months outside usa? or  it is not specified. 

Q2) do i file for extension? that's ~500$, but because of covid, is that something i can get away without paying 500 for their extension?

 

please advise

 

[Dashinka 24,514]

How long do they intend to stay in India?  They are generally fine if they don’t stay over a year without a recently permit, but it is too late to get that since they already left the US.  That being said, a stay outside the US as an LPR does not automatically cancel their status, but if they plan to move back to India permanently, they should consider abandoning their GCs.

 

Good Luck!

[geowrian 22,337]

1) They must maintain their permanent residency within the US. This can occur at any point with sufficient reason, although there is a presumption of having done so if they are abroad for 1 year or longer.

If this is their first time abroad for a long period of time, I would not expect too much of an issue returning before 1 year. If they have been staying outside of the US a lot already, then I would be more worried.

Hopefully they have been maintaining ties to the US, including filing US taxes as a resident and not claiming residency elsewhere.

 

2) No such thing exists. There is a re-entry permit to allow travel up to 2 years outside the US without a presumption of abandonment of residency due to time alone, but that's something you must apply for while in the US.

Edited April 29, 2020 by geowrian

[coolmind1414 13]

thanks for your response. 

they will be back once this covid is gone (hopefully soon). 

but not sure when this is ending.. 

my dad is already ~10 months. while mom is in India for 6+ months. 

i have their tickets booked , as proof , for their intent to come back. 

they are not planning to move back to india. 

but they happened to stay this time, and now they cant come back because of lockdown. 

it is their first visit to india after getting green card. 

Edited April 29, 2020 by coolmind1414

[Nitas_man 3,100]

26 minutes ago, coolmind1414 said:

thanks for your response. 

they will be back once this covid is gone (hopefully soon). 

but not sure when this is ending.. 

my dad is already ~10 months. while mom is in India for 6+ months. 

i have their tickets booked , as proof , for their intent to come back. 

they are not planning to move back to india. 

but they happened to stay this time, and now they cant come back because of lockdown. 

it is their first visit to india after getting green card. 

12+ months is a problem.  They return as “arriving aliens” vs “returning residents” and the green card alone is not a valid entry document.  They need travel document + green card or SB1 returning resident visa which I believe USC parents would qualify for as immediate relatives.

Best to get back within 12 months, I wouldn’t expect any problem with entry unless they make a habit of doing that.

 

With that said there have been cases of LPR’s returning and being allowed in after a year but that opens up the possibility of an abandonment finding later.  If they try that keep documentation of maintaining residence because it might be hard to generate it later at green card renewal or citizenship application.

Edited April 30, 2020 by Nitas_man

[coolmind1414 13]

yes, so travel document will cost ~600 per person. 

my question is - because of Covid restrictions, will there be any law which may help in this situation?

because , all offices are closed. so applying won't help right away, 

and once they open the offices, they will cash the check, but probably my parents would be here by that time. 

 

https://www.uscis.gov/about-us/uscis-response-covid-19

Edited April 30, 2020 by coolmind1414

[Lil bear 4,222]

3 minutes ago, coolmind1414 said:

yes, so travel document will cost ~600 per person. 

my question is - because of Covid restrictions, will there be any law which may help in this situation?

because , all offices are closed. so applying won't help right away, 

and once they open the offices, they will cash the check, but probably my parents would be here by that time. 

 

https://www.uscis.gov/about-us/uscis-response-covid-19

No one has any idea how USCIS are going to treat this type of situation. Definitely no “ laws” in place to direct them to be compassionate or to change the precedents. 

[Nitas_man 3,100]

1 hour ago, coolmind1414 said:

yes, so travel document will cost ~600 per person. 

my question is - because of Covid restrictions, will there be any law which may help in this situation?

because , all offices are closed. so applying won't help right away, 

and once they open the offices, they will cash the check, but probably my parents would be here by that time. 

 

https://www.uscis.gov/about-us/uscis-response-covid-19

There is no possibility of obtaining a travel document after the LPR leaves the US

 

It must be applied for in the US and biometrics must be completed before the LPR leaves.

Edited April 30, 2020 by Nitas_man

[Nitas_man 3,100]

1 hour ago, coolmind1414 said:

yes, so travel document will cost ~600 per person. 

my question is - because of Covid restrictions, will there be any law which may help in this situation?

because , all offices are closed. so applying won't help right away, 

and once they open the offices, they will cash the check, but probably my parents would be here by that time. 

 

https://www.uscis.gov/about-us/uscis-response-covid-19

For a stay of 12+ months?  You have a return ticket but did they leave on a round trip ticket?