Green Card - Six Month Question? Coronavirus Flight!

[JoeVisa 1]

What can a Permanent Resident (Green Card holder) DO if not able to return within six months (from Nov 15, 2019 to May 15, 2020) outside of the country (Cebu, Philippines.)  Due to "Lockdown / Corona-virus & no Flight availability?"      😷Because others say you will have a problem if you stay outside the US for more than 6 months?! 🤕 

[geowrian 22,338]

Just 6 months out once shouldn't be an issue. Still file your US tax returns as required.

It's people who use a green card to essentially live abroad and just come back every so often to "touch down" that really face issues, or those who otherwise establish residency abroad.

 

Being abroad for over 1 year, even once, is when it can really be an issue. If it's close to 1 year, come back directly and hope to just be admitted. Carry evidence of ties retained with the US. If not, don't sign an I-407 and get paroled into the US while waiting for a hearing with an immigration judge.

If well over 1 year, an SB-1 visa may be possible if the circumstances were outside of your control. YMMV

 

Edit: Note that there may be naturalization timeline issues for staying abroad over 6 months...namely continuous residency maybe broken, which extends the time until you will be able to qualify for citizenship.

Edited March 15, 2020 by geowrian

[millefleur 5,047]

**Duplicate thread removed; please do not post the exact same question in multiple forums as this is considered spamming the boards. Keep all discussion around your original question to this thread.**

 

VJ Moderation

[Stevephoto 230]

2 hours ago, geowrian said:

Edit: Note that there may be naturalization timeline issues for staying abroad over 6 months...namely continuous residency maybe broken, which extends the time until you will be able to qualify for citizenship.

This is a very good and interesting point. I wonder if there will be any exemptions down the road if the applicant can prove that the absence was beyond their control (i.e., the Manila "shutdown.") Just curious.

[geowrian 22,338]

3 minutes ago, Stevephoto said:

This is a very good and interesting point. I wonder if there will be any exemptions down the road if the applicant can prove that the absence was beyond their control (i.e., the Manila "shutdown.") Just curious.

Over 6 months abroad, but under 1 year, creates a presumption of continuous residency being broken. This presumption can be overcome with evidence to the contrary. That said, the only way to know if it will be successful or not is to apply (paying the fee) and finding out.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Quote

1. Absence of More than 6 Months (but Less than 1 Year)

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.^[12] This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.^[13]

An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such evidence may include, but is not limited to, documentation that during the absence:^[14]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad;

• The applicant’s immediate family members remained in the United States; and

• The applicant retained full access to or continued to own or lease a home in the United States.

USCIS also very recently published a policy alert on the matter, referenced here: https://www.uscis.gov/news/alerts/uscis-clarifies-effect-breaks-continuity-residence-eligibility-naturalization

[Hank_ 9,174]

11 hours ago, JoeVisa said:

What can a Permanent Resident (Green Card holder) DO if not able to return within six months (from Nov 15, 2019 to May 15, 2020) outside of the country (Cebu, Philippines.)  Due to "Lockdown / Corona-virus & no Flight availability?"      😷Because others say you will have a problem if you stay outside the US for more than 6 months?! 🤕 

 

6 months is not the deadline for being outside of the USA as a green card holder it is ONE year.   If you will be outside the USA over a year you need to submit the I-131 (Advance Parole).

 

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

 

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the Travel Documents page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the Continuous Residence and Physical Presence Requirements page.

[payxibka 10,047]

Unfortunately the i131 for a reentry permit (not to be confused with advance parole) needs to be submitted BEFORE departure.  This does not assist someone who is stranded 

[Hank_ 9,174]

Then you read the whole statement as posted and read the part where it states to apply for the SB-1 .....

[payxibka 10,047]

Since the SB1 is something to consider filing for after 2 years out (per your post) it is still not much help to someone in this situation who is stranded

[Hank_ 9,174]

 .. THAT is the only options offered.       And I do believe the embassy will be more than helpful .. all things considered.

 

Whereas you suggestions were ?    ___________________

 

 

[JoeVisa 1]

14 hours ago, geowrian said:

Just 6 months out once shouldn't be an issue.

Thank you @geowrian for your quick response regarding this 6-month issue.  Have you or some of your Green Card friends have this similar issue from the past?
I typed in "Green Card six month" search and One of the website mention this:  "Staying outside the United States for more than 6 months but less than one year will subject you to additional questioning when you return to the United States but you are not required to have a Reentry Permit and shouldn’t have any problems getting back in."

[JoeVisa 1]

14 hours ago, millefleur said:

**Duplicate thread removed; please do not post the exact same question in multiple forums as this is considered spamming the boards. Keep all discussion around your original question to this thread.**

Thank you @millefleur for taking care of our forums.  But could you do me a favor and move this thread to:
[US Visa Holder and Permanent Resident Immigration Discussion/ Working & Traveling During US Immigration]
as I think this is not just a Regional Discussion under the Philippines - other countries apply to this 6-month issues as well.  Thanks again, have a good day!

[JoeVisa 1]

11 hours ago, Stevephoto said:

This is a very good and interesting point. I wonder if there will be any exemptions down the road if the applicant can prove that the absence was beyond their control (i.e., the Manila "shutdown.") Just curious.

Yes, @Stevephoto this is good to know if you will be applying for Naturalization in the future.

[JoeVisa 1]

3 hours ago, Hank_ said:

 

6 months is not the deadline for being outside of the USA as a green card holder it is ONE year.   If you will be outside the USA over a year you need to submit the I-131 (Advance Parole).

 

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

 

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the Travel Documents page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the Continuous Residence and Physical Presence Requirements page.

Thank you @Hank_ for your input as well and fortifying this 6-month issue.

[JoeVisa 1]

3 hours ago, payxibka said:

 

Thank you @payxibka for your reply and helping out as well.