Entering the US

[Mixa 0]

My mom got a green card in january and went for a couple weeks then returned on january 24. On july 24 it will be 6 months since she left the US. She was supposed to officially move this summer but due to some personal circumstances she will push that forward to next year. So she wants to go soon and get a re entry permit. Our residence is in Texas though which is very dangerous to go to right now. She prefers waiting till it calms down there a bit before going to file for a re entry permit. Do you recommend that she goes before 6 months are over? Is it risky for her to stay out for more than 6 months?

NOTE: 

- Airport in our home country was closed until July 1, so it wasn't possible to go before that

- She has nothing to prove her residence in the US, she hasn't filed taxes yet as she wasn't even there during 2019. She only has a SSN

- She has work back home starting September so she might go to the US, file for the re entry permit, and come back 1-2 months later. Does that work? Is it possible if I file and send the I-131 for her and she just comes in for the biometric? I know the latter is probably not possible but just giving the question a shot.

 

[Quarknase 1,072]

The LPR must be in the US to apply for a re-entry permit, and is advised not to travel before the I-131 is in hand.

I would be very careful with the "work back home" part. The green card is for permanent residency in the US, and you technically cannot be a resident in two countries at the same time.

Not having any residence in the US, but working etc in the home country, could bring up some questions around abandonment of US residency.

[Mixa 0]

2 minutes ago, Quarknase said:

The LPR must be in the US to apply for a re-entry permit, and is advised not to travel before the I-131 is in hand.

I would be very careful with the "work back home" part. The green card is for permanent residency in the US, and you technically cannot be a resident in two countries at the same time.

Not having any residence in the US, but working etc in the home country, could bring up some questions around abandonment of US residency.

So.. What would you suggest? Not bringing it up? The thing is, my dad hasn't received his immigrant visa as it has been delayed due to the pandemic and such. She is not technically 'residing' in another country, she is just waiting for her husband to receive the visa. 

[payxibka 10,047]

The airport may have been closed for scheduled service,  I'm quite certain there were repatriation flight opportunities 

[Mixa 0]

5 minutes ago, Quarknase said:

The LPR must be in the US to apply for a re-entry permit, and is advised not to travel before the I-131 is in hand.

I would be very careful with the "work back home" part. The green card is for permanent residency in the US, and you technically cannot be a resident in two countries at the same time.

Not having any residence in the US, but working etc in the home country, could bring up some questions around abandonment of US residency.

Add to that, she has 2 years of work left until she can get her pension. She MIGHT want to stay to finish that, but I doubt as she wants to go to the US already. So It's not really a work position for a very long time.

Just now, payxibka said:

The airport may have been closed for scheduled service,  I'm quite certain there were repatriation flight opportunities 

There were, they were just very expensive. Not the CBP's problem, but I was explaining why she didn't go before that. 

[Timona 4,208]

This is Kenya, I presume. 

 

More than 6 months is considered abandonment. Just FYI

[payxibka 10,047]

1 minute ago, Timona said:

This is Kenya, I presume. 

 

More than 6 months is considered abandonment. Just FYI

Source?

[Mixa 0]

1 minute ago, Timona said:

This is Kenya, I presume. 

 

More than 6 months is considered abandonment. Just FYI

Not Kenya, and I seriously doubt about the last one.

[Timona 4,208]

6 minutes ago, payxibka said:

Source?

I took a wild guess based on what she wrote, with the flight and everything.  

 

I am wrong. She said it isn't. Apologies 

 

I also see that my abandonment timeframe was wrong. It's 12 months, according to Google. Apologies once again

Edited July 7, 2020 by Timona