Travel back to US for I-131 or file SB-1?

[Marie77 0]

Hello

 

I'm a British green card holder married to a US citizen with a US citizen child.

 

We left the US unexpectedly in April 2020 during the pandemic for two reasons: 

1. We own a small apartment in Manhattan which wasn't practical to quarantine in with a toddler

2. My elderly stepfather is suffering with end stage renal failure in the UK and my mother asked for us to come and support her during lockdowns as she is alone with him

 

Because we left fairly suddenly I didn't file an I-131 before I left (which I now realize was a huge error!)

 

We anticipated being back in NY by the summer - but with travel still being unsafe and the pandemic raging both in NY and UK we have remained in a bubble with my mother and step-father supporting them for the time being.

 

I'm now concerned we are approaching a year since I left the states but I am reticent to travel with my toddler while things remain so unsafe. We also have a more practical situation to quarantine in the UK with a small child so would ideally like to remain here until things become safer.

 

As I see it I have four options:

 

Option 1 - I-131 Re-entry permit

- Risk traveling back to the US before the one year mark (alone) and file the I-131 form.

- I wouldn't want to be away from my toddler for weeks waiting for a biometrics appointment, so would plan to potentially leave the country as soon as its filed and wait in the UK to be called for my biometrics appointment (or see if they can re-use the ones on file) 

 

Option 2 - File SB-1 at London Embassy 

- File SB-1 in London after I've been outside the US for one year.

- Hope covid is viewed as a reason 'outside of our control' for not returning!?

 

Option 3 - Attempt to enter the US at border 

- Let green card become invalid by overstaying more than a year and then risk attempting to enter at border when it feels safer to travel back or after we receive a vaccine (possibly at preclearance in Dublin so I don't have far to fly back if denied!)

 

Option 4 - Give up green card

- Formally give up my green card and re-apply through marriage to my husband when feels safer to travel back

 

I'd appreciate any thoughts, feedback or advice about my four options above!

 

Many thanks

 

 

 

[Dashinka 24,520]

Option 1 is not an option now as a re-entry permit needs to be applied for prior to leaving the US, but if you do travel back to the US to apply prior to being out of the US for more than a year, then it might be possible, but unnecessary IMO unless you plan to spend another year outside the US after getting it.  The others are valid options in my opinion.  I know the SB1 is relatively rare, but you can look into that one carefully.  As to the other two options, that is really up to you, but I would try applying for the SB1 before deciding on option 4.

 

Good Luck!

[SusieQQQ 11,586]

From what I have seen in other discussions, option 2 is dead in the water. There have been multiple flights available between the two countries for months - so not returning would be seen as a choice on your part (however understandable) rather than an unavoidable barrier beyond your control to returning, so the conditions for SB1 would not be met.

 

People have reported over 6 months wait for re-entry permits recently. not sure that’s practical even if you fly back for bio, unless you know you plan to be out another couple of years.
 

I’m going to suggest option 5, assuming you do plan on returning for good sometime within the next year: take a trip to the US well before the year’s absence is up. Then go back after a few days or so. You’ve bought yourself some breathing room by not staying out for more than a year. I wouldn’t recommend doing this repeatedly, but doing it once should be ok.