Green Card Holder stuck Overseas due to Covid-19...

[igrant 28]

47 minutes ago, PatLuvO said:

@igrant if the local government allows the flight to depart from the airport there then you shouldn’t have a problem because you are a legal permanent resident. The US hasn’t banned flights but rather the entry of individual’s that don’t fall within the exceptions criteria. Before you buy your ticket ensure with the local consulate there that the flight is authorized to depart so you don’t waste money. 

The problem is there is no flights allowed from the local airport. No local flights within the country nor international flights in and out of the country at the moment. There is no indication when the airport will open back up. Like I mentioned, everything is locked. People are limited to their city limits only. No one can cross village/city border lines. People can't even attend funerals if a relative was in the neighboring village. Now, my issue is soon in less than a month it will be full 1 year since we have been outside the US as LPRs and there is no indication that the country will open back up before that time. My question is if we fly back to US let say in August or Sept, when we have commercial flights available, are we going to be forced to depart the US by an immigration officer at the US airport or will we be let go in the country because we couldn't make it to the US on time because of the "our-of-control" situation? If we are told to appear in front of an immigration judge, is our situation good reason for us to "wind/prove" in the court?

[SusieQQQ 11,586]

32 minutes ago, Cndn said:

Thank you! I’m assuming since CBP can’t revoke green cards then the same applies to those travelling on AP? 

No idea, LPR is a status, I don’t think you have an underlying status with AP (isn’t that why you need it in the first place?) ...then again I’ve never used it so maybe someone who has will have a better idea.

[SusieQQQ 11,586]

1 minute ago, igrant said:

The problem is there is no flights allowed from the local airport. No local flights within the country nor international flights in and out of the country at the moment. There is no indication when the airport will open back up. Like I mentioned, everything is locked. People are limited to their city limits only. No one can cross village/city border lines. People can't even attend funerals if a relative was in the neighboring village. Now, my issue is soon in less than a month it will be full 1 year since we have been outside the US as LPRs and there is no indication that the country will open back up before that time. My question is if we fly back to US let say in August or Sept, when we have commercial flights available, are we going to be forced to depart the US by an immigration officer at the US airport or will we be let go in the country because we couldn't make it to the US on time because of the "our-of-control" situation? If we are told to appear in front of an immigration judge, is our situation good reason for us to "wind/prove" in the court?

They can’t force you to depart. You can insist on being paroled in to appear before an immigration judge. In which case I’d say hire a lawyer and argue the case but I’d think you’ll have a good chance, tbh I don’t think it will even get to that. Just take documentation of your original planned departure/cancellations etc with. As I said above the bigger problem with this approach might be not being allowed to board by the airline.

[angelbrown 195]

3 minutes ago, SusieQQQ said:

I think there’s a big difference being a “traveling passenger” with a usc and registering as a “standalone” LPR. Simple example, anything happens to an LPR traveling overseas, US embassy will not help them but refer them to their own country of nationality residence. I’ve seen this both in official documentation somewhere plus it is what happened to my friends mentioned above.

Yes exactly. I assumed OP was with USC spouse since post said “we”. Although they didn’t really make that clear. But if that’s the case, the spouse can sign up. 

[SusieQQQ 11,586]

1 minute ago, angelbrown said:

Yes exactly. I assumed OP was with USC spouse since post said “we”. Although they didn’t really make that clear. But if that’s the case, the spouse can sign up. 

Ok but I presume you know that there are many families where everyone is an LPR... the majority of green cards are not based on spouse or fiancé visas... so “we” could all be LPRs.

Edited May 17, 2020 by SusieQQQ

[igrant 28]

3 minutes ago, angelbrown said:

Yes exactly. I assumed OP was with USC spouse since post said “we”. Although they didn’t really make that clear. But if that’s the case, the spouse can sign up. 

Yes, it is mother and a son. Both LPRs.

[igrant 28]

5 minutes ago, SusieQQQ said:

They can’t force you to depart. You can insist on being paroled in to appear before an immigration judge. In which case I’d say hire a lawyer and argue the case but I’d think you’ll have a good chance, tbh I don’t think it will even get to that. Just take documentation of your original planned departure/cancellations etc with. As I said above the bigger problem with this approach might be not being allowed to board by the airline.

Ok, hopefully airlines don't block us from boarding the plain. That is a another hurdle then.

[retheem 566]

Just to warn you, CBP will look at the totality of the situation minus covid. You may get a rude awakening and be referred to an immigration judge. And with the kind of administration we have, whose default settings is keeping as many immigrants out, you may find yourself fighting to keep your green card, I know it's not the sort of thing you may want to hear, but am just putting it as is.

 

[igrant 28]

26 minutes ago, retheem said:

Just to warn you, CBP will look at the totality of the situation minus covid. You may get a rude awakening and be referred to an immigration judge. And with the kind of administration we have, whose default settings is keeping as many immigrants out, you may find yourself fighting to keep your green card, I know it's not the sort of thing you may want to hear, but am just putting it as is.

 

If the totality of the situation minus covid is true then that is good, because as soon as this covid is done and airports open back up we will take the first flight out.

[SusieQQQ 11,586]

25 minutes ago, retheem said:

Just to warn you, CBP will look at the totality of the situation minus covid. You may get a rude awakening and be referred to an immigration judge. And with the kind of administration we have, whose default settings is keeping as many immigrants out, you may find yourself fighting to keep your green card, I know it's not the sort of thing you may want to hear, but am just putting it as is.

 

Immigration judges are reasonable people as a rule. It might be a hassle but I don’t think it would end up badly for OP personally. An IJ’s job is not about changing the law to suit the current administration’s desires.

[HRQX 4,145]

1 hour ago, Cndn said:

to those travelling on AP? 

CBP is a part of DHS. "DHS reserves the authority to revoke your advance parole document at any time"

"Parole upon your return to the United States is not guaranteed."

[Cndn 98]

1 hour ago, SusieQQQ said:

No idea, LPR is a status, I don’t think you have an underlying status with AP (isn’t that why you need it in the first place?) ...then again I’ve never used it so maybe someone who has will have a better idea.

I’ve used it many times but never for this long. I’m nearing 6 months out of the US on AP. I didn’t plan to be gone this long at all, and it is only because of the pandemic. Right now I’m planning to be back in the US before my AP expires (August) and it will have been about 8 months at that point. I’m not anticipating any issues but who knows. AP is not a status like LPR so it worries me a little I guess. I also just don’t know enough about it all either. 

Edited May 17, 2020 by Cndn

[designguy 1,179]

8 hours ago, SusieQQQ said:

They can’t deny entry to a claimed LPR in my understanding. If the green card holder doesn’t formally abandon their green card or agree to return, they have to allow an appearance before an IJ to make a judgement.

Quote

permanent residents will not be regarded as seeking admission (and thus are not subject to the grounds of inadmissibility) unless they (1) have abandoned or relinquished their permanent resident status, (2) have been absent from the United States for a continuous period in excess of 180 days, (3) have engaged in illegal activity after their departure from the U.S., (4) have departed from the U.S. while in removal or extradition proceedings, (5) have committed a criminal or related offense identified in section 212(a)(2) (including "crimes of moral turpitude", drug trafficking, or prostitution), or (6) are attempting to enter at a place other than a designated port of entry or have not been admitted to the U.S. after inspection and authorization by an immigration officer. INA § 101(a)(13)(C).

So if an LPR commits a crime. Or they are gone for more than 180 and one of the Grounds of Inadmissability would apply then they can be denied enty

Edited May 18, 2020 by designguy

[Cndn 98]

11 minutes ago, designguy said:

So if an LPR commits a crime. Or they are gone for more than 180 and one of the Grounds of Inadmissability would apply then they can be denied enty

180 days.. I’m so confused I thought it was a year? 

[designguy 1,179]

18 minutes ago, Cndn said:

180 days.. I’m so confused I thought it was a year? 

From a legal perspective, an LPR who is absent for 180 continuous days is making an application for admission into the US. This means the grounds of inadmissibility kick in. For example an LPR who is on government assistance and goes on a trip for 6 months could be denied entry on public charge grounds. Or on their 6 month trip they contract TB they could be denied on health related grounds. This is what the law states on paper, whether its enforced is another thing. 

 

The "year" thing is for LPRs gone for more than a year need a re-entry permit. If you are gone for over a year and return without a re-enty permit, have not committed a crime, and have no grounds of inadmissibility against you, then the CBP officer should parole you and you would have to see an IJ. Maybe they will be understanding with the current situation but I wouldnt risk it so I would try everything to get back in under a year.

Edited May 18, 2020 by designguy