Parents on Green Card not traveling back amid coronavirus concerns

[saraahmed82 0]

Hi, My parents are on Green Card and visiting Pakistan now. They were planning to return March 15th, but due to the health concerns these days, we are planning to postpone their trip as we think it would be in their best interest since they are elderly and we don't want them to be exposed. My question is, if conditions and seriousness of the virus persisted and became worse, is it possible that they stayed outside of US for more than 6 months. In our case, we have a reason to avoid travel and also have our previous return ticket to show to IO.

[Just Paul 4,591]

2 minutes ago, saraahmed82 said:

Hi, My parents are on Green Card and visiting Pakistan now. They were planning to return March 15th, but due to the health concerns these days, we are planning to postpone their trip as we think it would be in their best interest since they are elderly and we don't want them to be exposed. My question is, if conditions and seriousness of the virus persisted and became worse, is it possible that they stayed outside of US for more than 6 months. In our case, we have a reason to avoid travel and also have our previous return ticket to show to IO.

Stays outside the US for less than an year are acceptable.    Stays over 1 year would have needed a re-entry permit filed prior to leaving the US.

[saraahmed82 0]

1 minute ago, Paul & Mary said:

Stays outside the US for less than an year are acceptable.    Stays over 1 year would have needed a re-entry permit filed prior to leaving the US.

Thanks, but i have heard that it is only 180 days not 365 days. How to justify to IO?

[Just Paul 4,591]

Just now, saraahmed82 said:

Thanks, but i have heard that it is only 180 days not 365 days. How to justify to IO?

You heard wrong.

[saraahmed82 0]

31 minutes ago, Paul & Mary said:

You heard wrong.

thanks. But can we get some reference that says this? Or can we consult you on this more? If so, how?

[manticora 13]

how is this relevant to the ROC process? 

[Just Paul 4,591]

19 minutes ago, saraahmed82 said:

thanks. But can we get some reference that says this? Or can we consult you on this more? If so, how?

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-a-permanent-resident

 

Do read the entire page especially about keeping residency in the US.  Generally if you are gone for six or more months the LPR can expect additional questioning at the POE.  More people day yearly from the FLU in the US than those from COVID-19.

 

 Does travel outside the United States affect my permanent resident status?

 

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

[Just Paul 4,591]

21 minutes ago, manticora said:

how is this relevant to the ROC process? 

One needs to maintain residency during the conditional green card process.

[Lil bear 3,840]

1 hour ago, saraahmed82 said:

Hi, My parents are on Green Card and visiting Pakistan now. They were planning to return March 15th, but due to the health concerns these days, we are planning to postpone their trip as we think it would be in their best interest since they are elderly and we don't want them to be exposed. My question is, if conditions and seriousness of the virus persisted and became worse, is it possible that they stayed outside of US for more than 6 months. In our case, we have a reason to avoid travel and also have our previous return ticket to show to IO.

This is a really difficult decision as the exposure to corona virus will increase over the next months not decrease. In some ways it is safer to travel now .. if they can avoid the known hot spots .. than in a few months time when the containment phase   has  passed and it is now wide spread and present in all locations. 

[Lil bear 3,840]

6 minutes ago, Paul & Mary said:

One needs to maintain residency during the conditional green card process.

But in the case of the OP .. parents are not conditional GC holders .. 

[purem4g1c 113]

i think i would be more worried living in Pakistan and an out break happens there and then trump adds Pakistan to the ban list?

[millefleur 5,038]

**Moved from ROC Discussion to  Working & Traveling During US Immigration; topic is travel**

[xyz12345 260]

9 hours ago, Lil bear said:

This is a really difficult decision as the exposure to corona virus will increase over the next months not decrease. In some ways it is safer to travel now .. if they can avoid the known hot spots .. than in a few months time when the containment phase   has  passed and it is now wide spread and present in all locations. 

I agree too unless they live in Seattle or NY.

3 hours ago, purem4g1c said:

i think i would be more worried living in Pakistan and an out break happens there and then trump adds Pakistan to the ban list?

Or if the airlines decide to cancel flights altogether.

[Crazy Cat 39,383]

Personally, I would return to the US. I would not wait this out in Asia.  Otherwise, there is the possibility of being affected by an extended quarantine.

[AnnaLee24 16]

Wouldn’t the public charge rule apply to them if they are out of the country longer than 180 days? Would they be comfortable with that line of questioning?