Waiver for Lawful Permanent Resident (LPR) outside US

[Raj2020 1]

Hi all,

 

My mom is Lawful Permanent Resident  and traveled outside of US with 2 years travel document. Now her travel document is expiring in end of October and she is very nervous to travel back due to fear of COVID-19. Is there any waiver or can she extend her stay so she won't face any hurdles when she comes back?

 

Any input would be greatly appreciated.

 

Thanks in advance.

 

Raj.

[HRQX 4,145]

10 minutes ago, Raj2020 said:

Is there any waiver or can she extend her stay so she won't face any hurdles when she comes back?

No. 8 C.F.R. § 223.3 states: "A permanent resident or conditional permanent resident in possession of a valid reentry permit who is otherwise admissible shall not be deemed to have abandoned status based solely on the duration of an absence or absences while the permit is valid."

[Boiler 45,733]

When is she looking to return?

[Raj2020 1]

She needs to come back before mid October.

 

I was wondering if there are any waiver programs because of COVID.

 

Thanks again.

Edited September 18, 2020 by Raj2020

[Boiler 45,733]

As she is coming back before mid October there shouldn't be an issue.

[Raj2020 1]

Yes but she wants to extend her stay if possible.

 

Thanks.

[carmel34 3,646]

4 minutes ago, Raj2020 said:

Yes but she wants to extend her stay if possible.

 

Thanks.

Only option is to apply for a returning resident visa.  But she will have to successfully show that she could not return to the US prior to the expiration of the 2-year re-entry permit.  From what you've said, her chances are very slim since she can return now.  It will also take time to apply and get approval or denial and that timeline will not work since her permit expires in a few weeks.  Here's the link for a returning resident visa.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

 

[Raj2020 1]

Thank you so much for all the input and link.

 

Really appreciate it!!!

 

 

[Quarknase 1,072]

Honestly I wouldn't risk it. There are flights from everywhere to the US now. In the current climate, there's no guarantee that she could be sponsored for a greencard again if the returning resident application gets denied. Does she want to come back to LIVE here, or would it rather be a stay to ensure status isn't lost before she leaves again? In that case she could consider surrendering her greencard voluntary, which makes it easier down the road to obtain a visitor visa.

[databit 328]

I would have here come back right away. Like NOW. There is already a second wave happening in Europe, as bad as in March. Plus there is the regular flu coming soon, which is easily spread.

[retheem 568]

Hehehe things that I read here...why would you want to risk the green card? Think!