Emergency Visa?

[Anthony42 5]

Hello,

I'm an American here in the Philippines with my wife and our kids and my wife's Re-entry permit back to the U.S. has recently expired this past february. We could not make it back to the States in time due to the pandemic and we're told an extension is not possible. Due to this we are planning to stay in the Philippines, but what I would like to know is, if  I (American Citizen) ever needed major surgery and had to go back to the states to have this done  is there a way my wife would be able to go with me for a short while to do this? I know we could do a spousal Visa but that takes months, especially since St. Luke's has made her go for sputem twice k1 & returning resident (additional 8 weeks). What (if any) document/visa would be the quickest ? Thank you, I Greatly Appreciate any help !

[Mike E 11,742]

Does your wife have a green card?

[Anthony42 5]

12 minutes ago, Mike E said:

Does your wife have a green card?

Yes expires 2025. But she can't just fly back because her Reentry permit has already expired.

[Nitas_man 3,100]

2 hours ago, Anthony Mancini said:

Hello,

I'm an American here in the Philippines with my wife and our kids and my wife's Re-entry permit back to the U.S. has recently expired this past february. We could not make it back to the States in time due to the pandemic and we're told an extension is not possible. Due to this we are planning to stay in the Philippines, but what I would like to know is, if  I (American Citizen) ever needed major surgery and had to go back to the states to have this done  is there a way my wife would be able to go with me for a short while to do this? I know we could do a spousal Visa but that takes months, especially since St. Luke's has made her go for sputem twice k1 & returning resident (additional 8 weeks). What (if any) document/visa would be the quickest ? Thank you, I Greatly Appreciate any help !

You still have a home in the US?

[Anthony42 5]

1 minute ago, Nitas_man said:

You still have a home in the US?

We were living in an apartment paying rent.

[Nitas_man 3,100]

4 minutes ago, Anthony Mancini said:

We were living in an apartment paying rent.

Property?  Assets?

 

SB1 is one option.  It’s tricky but you have a good chance I think

The other is abandon the green card and apply for a visit visa.  Likelihood of approval (at least based on what I saw when we lived out of the country) is higher.

Edited May 26, 2021 by Nitas_man

[Mike E 11,742]

37 minutes ago, Anthony Mancini said:

Yes expires 2025. But she can't just fly back because her Reentry permit has already expired.

Yes she can just fly back.  
 

https://www.aila.org/File/Related/18110604b.pdf

 

Her green card will let her board the flight to the USA.  What happens after landing is a lot of drama and theater but less so than the drama of trying to get an emergency visa.  
 

You asked which was cheapest and fastest and I’ve given you the free and instant option.  

Edited May 26, 2021 by Mike E

[Anthony42 5]

3 minutes ago, Nitas_man said:

Property?  Assets?

 

SB1 is one option.  It’s tricky but you have a good chance I think

The other is abandon the green card and apply for a visit visa.  Likelihood of approval (at least based on what I saw when we lived out of the country) is higher.

I had a SB1 in 2017 and it fell within the acceptable reason. Don't think they will accept the pandemic for a reason. Visit visa may be good. Any idea on process time start to finish? Thank you for you time and help !

[Anthony42 5]

5 minutes ago, Mike E said:

Yes she can just fly back.  
 

https://www.aila.org/File/Related/18110604b.pdf

 

Her green card will let her board the flight to the USA.  What happens after landing is a lot of drama and theater but less so than the drama of trying to get an emergency visa.  
 

You asked which was cheapest and fastest and I’ve given you the free and instant option.  

I did know she could fly back, but we have 2 small children (dual citizens) and I'm worried they will detain my wife and or deport her because of her extended absence.

[Nitas_man 3,100]

1 minute ago, Anthony Mancini said:

I had a SB1 in 2017 and it fell within the acceptable reason. Don't think they will accept the pandemic for a reason. Visit visa may be good. Any idea on process time start to finish? Thank you for you time and help !

We got one (SB1) in 2018 a year and a half after our travel doc expired.  You know the process then.  

 

A visit visa is usually good for 5 years.  
So what I saw a couple people (folks who were tired of trying to maintain the green card) do was apply for a tourist visa, fill out an I-407, and surrender the green card / sign the I-407 at the interview.

[Nitas_man 3,100]

3 minutes ago, Anthony Mancini said:

I did know she could fly back, but we have 2 small children (dual citizens) and I'm worried they will detain my wife and or deport her because of her extended absence.

They may put her in removal and you want to avoid that however they cannot take her green card.  Only an immigration judge can take it.

We had the same worry you do and chose to stay out until we were ready to move back.  SB1 and done.  

Edited May 26, 2021 by Nitas_man

[Anthony42 5]

1 minute ago, Nitas_man said:

We got one (SB1) in 2018 a year and a half after our travel doc expired.  You know the process then.  

 

A visit visa is usually good for 5 years.  
So what I saw a couple people (folks who were tired of trying to maintain the green card) do was apply for a tourist visa, fill out an I-407, and surrender the green card / sign the I-407 at the interview.

Ok, but whats the difference if we just flew there with her green card now?

[Anthony42 5]

2 minutes ago, Nitas_man said:

They may put her in removal and you want to avoid that however they cannot take her green card.  Only an immigration judge can take it.

We had the same worry you do and chose to stay out until we were ready to move back.  SB1 and done.  

Got it. Thanks much.

[Nitas_man 3,100]

Just now, Anthony Mancini said:

Ok, but whats the difference if we just flew there with her green card now?

She’s technically abandoned her status.  They CAN detain her if you get the wrong IO.  They usually don’t.  For that reason however we never, ever tested that.

[Mike E 11,742]

16 minutes ago, Anthony Mancini said:

I did know she could fly back, but we have 2 small children (dual citizens) and I'm worried they will detain my wife and or deport her because of her extended absence.

She might be sent to secondary.  As per the document I linked she will not be deported unless she gives in to pressure and signs the I-407.  
 

Otherwise deportation requires a trial in front of a judge.  
 

I don’t know what the children have to do with this.  

Also to the assertion that CBP cannot take her green card at the port of entry.  Not true.  Per the link:

 

“If CBP takes your permanent resident card, you have the right to other evidence of your LPR status, such as a stamp in your passport.”

 

What CBP cannot legally do is take her LPR status or leave her without proof of LPR status.  
 

Edited May 26, 2021 by Mike E