Reentry Permit - COVID19 Travel Bans - Repercussions

[dvaquerano 15]

Hello VJ Community, 

 

I am not sure if this the right forum to post this question, please feel free to move it to a different forum topic if required. 

 

I have a couple questions, but first a little bit of background:

 

My mom, who is currently a permanent resident came to the US from El Salvador as a spouse of a US Citizen back in 2017, unfortunately just a month before she arrived my step-dad(US Citizen) had a stroke, after a few months of my mom being in the US my step dad decided he wanted to spend some time in El Salvador to rest and get treatment over there, weather in the US was making pain worse for him and he needed expensive full care support during that time, so they both went back. Just to be safe I helped my mom to file for a re entry permit since they were planning on staying more than a year. My stepdad had a very successful surgery in El Salvador and is progressing in recovery, although still has mobility issues.

 

Questions are: 

My mom's re entry permit is soon to expire in November, El Salvador has a travel ban and has closed borders due to COVID19, although the US is helping US citizens who are stuck in El Salvador to get back to the US in a schedule fashion.

 

• I have been reading and see that you cannot extend a re entry permit but instead have to submit a new application while in the US, so for the moment, this is not possible. My mom is worried that she will not be able to travel before the re entry permit expires, if this is the case, will her residency considered to be abandoned? Are there any emergency immigration relief laws or exceptions that we can cling to in order to avoid this from happening? 

 

• My step dad has another concern, that in a worst case scenario, he passes away, my mom not being a permanent resident anymore(if she is not able to maintain permanent residency status because of the mentioned above) his social security retirement benefits would be lost and my mom would not be able to collect any of his benefits. She is currently not receiving any spouse social security benefits because she is 58. I have not been able to find clear information on whether in the case my mom is not able to travel and her LPR is marked as abandoned she wouldn't be able to receive my step dads benefits in case of death. 

 

My step dad and my mom do not want to abandon status, but life being unpredictable forced them to leave the country. They are now at a point where they can start thinking on returning to the US not what my step dad is feeling a little better and my mom's re entry permit coming to an end.

 

This is a sensitive topic for the family and I understand might be polemical at some degree if not expressed correctly, so I have try to communicate my mom's and step dad's concerns as best as I can. I want to be able to help them and give them some guidance like I have been able to do before during immigration process but I am hitting a wall on this one, I know there are a lot of knowledgeable people in the forum and thats why I am seeking help. 

 

Also I think is worth mention that I am a US Citizen as well.

 

I appreciate the time and any feedback you can provide. 

 

[dvaquerano 15]

13 minutes ago, dvaquerano said:

Corrections: 

My step dad and my mom do not want to abandon status, but life being unpredictable forced them to leave the country. They are now at a point where they can start thinking on returning to the US now that my step dad is feeling a little better and my mom's re entry permit coming to an end.

 

 

 

 

[TBoneTX 45,273]

Thread is moved from the Effects forum to the Working & Traveling forum.

[Quarknase 1,072]

Your mom and step dad should reach out to the US embassy in El Salvador to get on one of the flights back to the US.

[dvaquerano 15]

17 hours ago, Quarknase said:

Your mom and step dad should reach out to the US embassy in El Salvador to get on one of the flights back to the US.

Thank you Quarknase, I was also reading about a SB-1 Visa or returning resident visa that can be applied for at the embassy or consulate abroad, do you have any insight on that process or whether it is a feasible option? 

[xyz12345 260]

1) As mentioned above, reach out to the US Embassy in El Salvador. They have repatriation flights until June 1 but acc to the faqs, there might be more flights. I suggest enrolling to the STEP Program.

https://sv.usembassy.gov/repatriation-flights-booking-information/

https://sv.usembassy.gov/19-repatriation-flights-qa/

https://step.state.gov/

 

2) Regarding your mom's SS benefits in case your stepdad dies while in El Salvador, it seems to me that your mom cannot get survivor benefits being an El Salvadoran citizen without at least a 5-yr US residency

 

https://secure.ssa.gov/apps10/poms.nsf/lnx/0302610030!opendocument

 

There is some hope though acc to the NOTE on Part D of the following document (NH means SS number holder):

https://secure.ssa.gov/apps10/poms.nsf/lnx/0302610025

 

NOTE: A survivor’s period of residence in the U.S. after the NH dies may be counted toward the 5 year period of residence.

 

So the important thing is being able to come back to the US as an LPR (even as a widow?).

 

I emphatize that this is a sensitive topic esp when discussing with strangers.

 

3) Your mom still has at least 5 months until November. imo Don't wait until the last minute. They should try to go back to the US before then. They might not get on flight on June 1 but they can try to book on the next available flight.

 

 

 

The above are just my opinions. I'm no expert and just a stranger on the internet.

 

[dvaquerano 15]

On 5/29/2020 at 1:07 PM, xyz12345 said:

1) As mentioned above, reach out to the US Embassy in El Salvador. They have repatriation flights until June 1 but acc to the faqs, there might be more flights. I suggest enrolling to the STEP Program.

https://sv.usembassy.gov/repatriation-flights-booking-information/

https://sv.usembassy.gov/19-repatriation-flights-qa/

https://step.state.gov/

 

2) Regarding your mom's SS benefits in case your stepdad dies while in El Salvador, it seems to me that your mom cannot get survivor benefits being an El Salvadoran citizen without at least a 5-yr US residency

 

https://secure.ssa.gov/apps10/poms.nsf/lnx/0302610030!opendocument

 

There is some hope though acc to the NOTE on Part D of the following document (NH means SS number holder):

https://secure.ssa.gov/apps10/poms.nsf/lnx/0302610025

 

NOTE: A survivor’s period of residence in the U.S. after the NH dies may be counted toward the 5 year period of residence.

 

So the important thing is being able to come back to the US as an LPR (even as a widow?).

 

I emphatize that this is a sensitive topic esp when discussing with strangers.

 

3) Your mom still has at least 5 months until November. imo Don't wait until the last minute. They should try to go back to the US before then. They might not get on flight on June 1 but they can try to book on the next available flight.

 

 

 

The above are just my opinions. I'm no expert and just a stranger on the internet.

 

Thank You very much for your insight and help, I have relayed the information to my parents and they will reach out to embassy and consult the options!

[xyz12345 260]

Have you seen this? There will be daily flights from El Salvador to Houston in June daily except June 2! Better have your parents on the earliest possible flight while they're not showing flu-like symptoms.

 

https://sv.usembassy.gov/repatriation-flights-booking-information/

HUMANITARIAN REPATRIATION FLIGHTS (Buy your ticket from the airline. Prices set by the airlines.)

If you desire to depart El Salvador, The U.S. embassy has facilitated humanitarian flight permissions for United Airlines to depart from El Salvador to the United States for U.S. citizens and Lawful Permanent Residents. Humanitarian flights are operated by private airlines who set their own prices, which we have seen are higher than the pre-COVID market pricing. You may get one to two luggage allowances, and you can work with the airline on pet travel options. If you have an urgent need to return to the United States, we strongly urge you to consider this option.   To purchase a ticket, please visit www.united.com, email corporativosal@united.com  or call 2207-2040 / 2136-7590.

• Friday, May 29 –  San Salvador to Houston, TX – Departure 12:10 p.m.
• Sunday, May 31 – San Salvador to Houston, TX – Departure 12:10 p.m.
• Monday June 1 –  San Salvador to Houston, TX – Departure 12:10 p.m.
• June 3, 2020 – June 30, 2020 – Flights Daily

* United Airlines is offering non-stop humanitarian flights to Houston, TX every day in June, excluding on June 2., departing at 12:10pm.

 

 

 

Edited June 1, 2020 by xyz12345