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babyvet18fe

Will my son be able to re-enter the USA from Uruguay?

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Filed: AOS (pnd) Country: Uruguay
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My step son has a valid PR status. In Oct 2019 he went to uruguay with the intention of returning to the USA within 6 months. Due to fears of travel during covid, he has been delaying travel and now its been a year and a month. He has a ticket for this weekend to return, will they deny him entry to the USA? Normally after a year you would need to get a new visa but are they being at all flexible due to the covid pandemic? If they do refuse him entry, what happens? 

Edited by babyvet18fe
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-Jamie

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2 hours ago, babyvet18fe said:

If they do refuse him entry, what happens? 

CBP officer might try to convince him to sign Form I-407, Record of Abandonment of Lawful Permanent Resident Status. He should refuse to sign it. Without him willingly signing that form, he'll still have PR status. Thus, worst CBP could do is refer the case to an Immigration Judge.

2 hours ago, babyvet18fe said:

but are they being at all flexible due to the covid pandemic?

That seems to be the current consensus on this forum. But every individual experience can differ.

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Filed: Country: Vietnam (no flag)
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2 hours ago, babyvet18fe said:

My step son has a valid PR status. In Oct 2019 he went to uruguay with the intention of returning to the USA within 6 months. Due to fears of travel during covid, he has been delaying travel and now its been a year and a month. He has a ticket for this weekend to return, will they deny him entry to the USA? Normally after a year you would need to get a new visa but are they being at all flexible due to the covid pandemic? If they do refuse him entry, what happens? 

Fear of traveling due to Covid is not an acceptable excuse to stay outside the US for more than a year as an LPR.

The airline could refuse to fly him if they see that he's an LPR who has been outside the US for more than a year.  If he is refused entry, they are responsible for flying him back.  They don't want to be obligated to do that, so they can refuse to fly him.

If the airline will let him fly, then CBP will most likely let him in.  They could also refer him to immigration court for abandonment of his LPR status.  It's unlikely that they would refuse him entry.
 

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