Lose Permanent Residency Due to Lock Down?

[Bruin85 9]

My father-in-law, a Philippine citizen,  is a U.S Permanent Resident. He has been visiting in his home town in Samar since April 3 2019. He has a plane reservation to fly back to the U.S. from Manila on March 21. With the lockdown, we are worried he will not be allowed into Manila to make his flight. But, if he doesn't return by April 3, he will be out of the U.S. for a year, and from what I understand, he will not be allowed back by U.S  immigration due to being out of the country over 1 year. Does anyone know if they will make an exception in this case, and allow him back into the U.S. after the lockdown is over?

[Hank_ 9,174]

2 minutes ago, Bruin85 said:

My father-in-law, a Philippine citizen,  is a U.S Permanent Resident. He has been visiting in his home town in Samar since April 3 2019. He has a plane reservation to fly back to the U.S. from Manila on March 21. With the lockdown, we are worried he will not be allowed into Manila to make his flight. But, if he doesn't return by April 3, he will be out of the U.S. for a year, and from what I understand, he will not be allowed back by U.S  immigration due to being out of the country over 1 year. Does anyone know if they will make an exception in this case, and allow him back into the U.S. after the lockdown is over?

IF ..... if he can not return to the States before April 3rd all is not lost, once he has access to the embassy he can go there and submit the I-131 .. under these circumstances I doubt embassy would balk at approving the I-131.

 

https://www.uscis.gov/i-131

 

Could he fly out of Cebu or Clark ?  

[Boiler 46,982]

Did he obtain Re Entry permit.

[Bruin85 9]

No he did not get a rentry permit before he left because he was planning on returning within 1 year. Although they say you are supposed to get the reentry permit before you leave the US, maybe the embassy will approve it considering the lockdown as a good reason. Leaving out of Cebu is another option.  His flight is on UAE and they don't fly out of Cebu, so we would have to get his current reservation refunded.

[Bruin85 9]

"Under the IATF's resolution, land, domestic air, and domestic sea travel to and from Metro Manila will be suspended. Community quarantine will also be imposed in the entire metropolis."

 

I wonder if that means they will allow him to go to the airport for an INTERNATIONAL flight?

 

Plus he is a permanent resident of the U.S. I know the ban on travel from Europe to the US does not apply to permanent residents or us citizens.

[AlaMike 236]

2 hours ago, Bruin85 said:

"Under the IATF's resolution, land, domestic air, and domestic sea travel to and from Metro Manila will be suspended. Community quarantine will also be imposed in the entire metropolis."

 

I wonder if that means they will allow him to go to the airport for an INTERNATIONAL flight?

 

Plus he is a permanent resident of the U.S. I know the ban on travel from Europe to the US does not apply to permanent residents or us citizens.

Metro Manila (CNN Philippines, March 12) — The Philippines has expanded the travel ban it imposes due to the COVID-19 pandemic to all countries which have localized transmission of the viral disease.

President Rodrigo Duterte made this announcement Thursday as he announced new restrictions imposed by the government in an effort to contain the virus.

All foreign nationals coming from countries reporting local transmissions of COVID-19 cannot enter the country, while Filipinos cannot travel to those countries.

[Hank_ 9,174]

3 hours ago, Bruin85 said:

No he did not get a rentry permit before he left because he was planning on returning within 1 year. Although they say you are supposed to get the reentry permit before you leave the US, maybe the embassy will approve it considering the lockdown as a good reason. Leaving out of Cebu is another option.  His flight is on UAE and they don't fly out of Cebu, so we would have to get his current reservation refunded.

 

I know of a few others that have bumped into this situation and the embassy did issue them AP/re-entry.   And in this current situation I don't see the embassy even blinking an eye.

[Bruin85 9]

I found  this page on the US Embassy in the Philippines website. I think this applies to my father-in-law in case he cant make  his flight out of manila on  March 21.

 

https://ph.usembassy.gov/visas/immigrant-visas/returning-resident-visa/?_ga=2.132363662.1219873438.1584302027-1205549113.1584302027

 

His problem is getting to Manila. He is staying in Northern Samar and our family there is telling us that they are not allowing people to take the fairy off of Samar island. 

[Hank_ 9,174]

59 minutes ago, Bruin85 said:

I found  this page on the US Embassy in the Philippines website. I think this applies to my father-in-law in case he cant make  his flight out of manila on  March 21.

 

https://ph.usembassy.gov/visas/immigrant-visas/returning-resident-visa/?_ga=2.132363662.1219873438.1584302027-1205549113.1584302027

 

His problem is getting to Manila. He is staying in Northern Samar and our family there is telling us that they are not allowing people to take the fairy off of Samar island. 

 

Yup that looks good.   May have to wait to go to the embassy but he could make contact with the embassy by email and inquire about it.

 

Th DS-117  leads to the SB-1

 

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

 

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. This webpage is about Returning Resident Visas. If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

 

Contacting the Embassy
Manila Visa Information and Appointment Service center hotlines at (632) 548-8223, (632) 792-8988.
The center is open Monday through Friday, from 8:00 a.m. to 8:00 p.m. (Manila time), except on Philippine and U.S. holidays.

Callers in the U.S should call (703) 520-2235 on its Eastern Standard Time equivalent of operation hours.
 
Skype: To use Skype to speak to a customer service representative Monday Friday from 8:00am to 8:00pm., please add a new contact to your Skype account with the Skype name ustraveldocs-philippines.
 
EMAIL:   IVMANILAREPLIES@STATE.GOV

[payxibka 10,048]

An i131 needs to be submitted to the uscis,  Manila uscis is closed. 

[Bruin85 9]

16 minutes ago, payxibka said:

An i131 needs to be submitted to the uscis,  Manila uscis is closed. 

Do you think that would work for  him even though he did not lose his green card. He never had a reentry permit. 

 

Form I-131A allows you to apply for a travel document if you are:

• Returning from temporary overseas travel of less than one year, and your Permanent Resident Card (also known as a Green Card or Form I 551) has been lost, stolen or destroyed; or
• Returning from temporary overseas travel of less than two years and your Reentry Permit has been lost, stolen or destroyed.   

Edited March 16, 2020 by Bruin85
Also, if the lockdown is not lifted by april 2 he will have been there more than one year.

[payxibka 10,048]

6 minutes ago, Bruin85 said:

Do you think that would work for  him even though he did not lose his green card. He never had a reentry permit. 

 

Form I-131A allows you to apply for a travel document if you are:

• Returning from temporary overseas travel of less than one year, and your Permanent Resident Card (also known as a Green Card or Form I 551) has been lost, stolen or destroyed; or
• Returning from temporary overseas travel of less than two years and your Reentry Permit has been lost, stolen or destroyed.   

You need to ask the consulate if they have the ability to accept the i131a.

[Hank_ 9,174]

8 hours ago, Bruin85 said:

Do you think that would work for  him even though he did not lose his green card. He never had a reentry permit. 

 

Form I-131A allows you to apply for a travel document if you are:

• Returning from temporary overseas travel of less than one year, and your Permanent Resident Card (also known as a Green Card or Form I 551) has been lost, stolen or destroyed; or
• Returning from temporary overseas travel of less than two years and your Reentry Permit has been lost, stolen or destroyed.   

NO .. the I-131A is not correct.

 

For your dad the SB-1 .    What you posted earlier is good information.     Once things settle down I would contact the embassy regarding your dad, this situation is unique they may have an answer that is not posted on the website.

Edited March 16, 2020 by Hank_