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Faeza

Permanent Resident forced outside US over a year, COVID-19 related

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am a US permanent resident. I travelled outside the US without applying for reentry permit. I intended to return to the US within 6 months of travel. But turmoil hit the middle east region I was in and I had to extend my travel beyond 6 months. And now, the COVID-19 crises are there. There is a stay-at-home in my region that is mandated. Additionally, I am frightened from traveling as I am 75 years old and afraid from contracting the virus at the airports. Can you please advise what are my options now that I have not reached yet my 1 year anniversary of my travel from the US?

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Filed: K-1 Visa Country: Wales
Timeline

When exactly did you leave? 

 

Have you contacted the US Consulate? They should be able to provide guidance on travel arrangements.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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* Removed 2 3 duplicate threads. Only post a thread once. Thanks. *

* Moved to COVID-19 forum *

 

Agreed - contact the consulate. They still have repatriation flights in many countries.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Can't do nothing now, when you arrive to the US after this pandemic, they will definitively have some guidelines about your concern. I believe you are not the only one with this concern. Good luck.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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1 hour ago, Boiler said:

When exactly did you leave? 

 

Have you contacted the US Consulate? They should be able to provide guidance on travel arrangements.

The one year anniversary from the time I left the US is a week away.

I have not contacted the consulate.

My concern is not arranging the travel, but the travel itself. I can manage to find a flight. But I am frightened to take a 20 hours flight with layovers through multiple airports. There is high potential of contracting the virus. And I am 75 years old. If I have it, it will be lethal for me.

1 hour ago, geowrian said:

* Removed 2 3 duplicate threads. Only post a thread once. Thanks. *

* Moved to COVID-19 forum *

 

Agreed - contact the consulate. They still have repatriation flights in many countries.

Thank you for the reply.

My concern is not arranging the travel, but the travel itself. I can manage to find a flight. But I am frightened to take a 20 hours flight with layovers through multiple airports. There is high potential of contracting the virus. And I am 75 years old. If I have it, it will be lethal for me.

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Thank you for the replies. I can potentially find a flight back to the US and manage to enter the United States before my one year anniversary from the time I travelled. But I cannot find it in myself to travel now as I am 75 years old with chronic cardiac issues and if I contract the virus in the airports, it will likely be lethal for me.

I have been searching but it appears there is no guidance of any kind as of now.

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The options are:

1) Return to the US in under the 1 year time frame.

2) Stay over 1 year but return as soon as you can. The CBP officer will determine if you abandoned permanent residency or not. If they determine that you did, you would be paroled and you would get to see an immigration judge to make a final determination. If you intend to fight it, don't sign an I-407...they may push that option.

3) Stay over 1 year then apply for an SB-1 (returning resident) visa. Option #2 is generally preferred over this one because fighting it in the US is better than fighting a visa decision.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Wales
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Question arises id 2) usually a solid recommendation is the right one for someone of that age and with medical issues?

 

I would certainly make sue you collect medical evidence to support your case.

 

When fear is the factor does raise the question at what point that fear would be abated, this could go on for many years hopefully at a lower level but there has been talk of 2nd and 3rd waves.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Australia
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12 minutes ago, Boiler said:

Question arises id 2) usually a solid recommendation is the right one for someone of that age and with medical issues?

 

I would certainly make sue you collect medical evidence to support your case.

 

When fear is the factor does raise the question at what point that fear would be abated, this could go on for many years hopefully at a lower level but there has been talk of 2nd and 3rd waves.

In some ways, the more extreme measures in place now .. and the reduced air travel .. make it less risky now than when the restrictions begin to ease. 

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Filed: K-1 Visa Country: Wales
Timeline

I forget where I saw it now, but a story I read this morning where a flight had just one passenger.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, geowrian said:

The options are:

1) Return to the US in under the 1 year time frame.

2) Stay over 1 year but return as soon as you can. The CBP officer will determine if you abandoned permanent residency or not. If they determine that you did, you would be paroled and you would get to see an immigration judge to make a final determination. If you intend to fight it, don't sign an I-407...they may push that option.

3) Stay over 1 year then apply for an SB-1 (returning resident) visa. Option #2 is generally preferred over this one because fighting it in the US is better than fighting a visa decision.

Thank you for your kind input. I agree with you that option 2 sounds a viable one. Thanks again.

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1 hour ago, Boiler said:

Question arises id 2) usually a solid recommendation is the right one for someone of that age and with medical issues?

 

I would certainly make sue you collect medical evidence to support your case.

 

When fear is the factor does raise the question at what point that fear would be abated, this could go on for many years hopefully at a lower level but there has been talk of 2nd and 3rd waves.

I agree. Supporting documentation will be collected to support my case. Local region has already implemented a lock down for weeks. That published info can be gathered. And there had been plenty of recommendation to avoid travel and I can print and prepare these too. On top of it, my medical history will be included.

1 hour ago, Boiler said:

I forget where I saw it now, but a story I read this morning where a flight had just one passenger.

Yes, I read that story too.

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Filed: Other Country: Saudi Arabia
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2 hours ago, Faeza said:

The one year anniversary from the time I left the US is a week away.

I have not contacted the consulate.

My concern is not arranging the travel, but the travel itself. I can manage to find a flight. But I am frightened to take a 20 hours flight with layovers through multiple airports. There is high potential of contracting the virus. And I am 75 years old. If I have it, it will be lethal for me.

Thank you for the reply.

My concern is not arranging the travel, but the travel itself. I can manage to find a flight. But I am frightened to take a 20 hours flight with layovers through multiple airports. There is high potential of contracting the virus. And I am 75 years old. If I have it, it will be lethal for me.

What is your immigration category?  Under what classification do you qualify for a green card?  Immediate relative?

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2 hours ago, Nitas_man said:

What is your immigration category?  Under what classification do you qualify for a green card?  Immediate relative?

I am a permanent resident of the United States. I travelled to the middle east and planed to stay abroad for less than 6 months. Turmoil in the region caused an extension in that stay then there was an enforced stay-at-home for the covid-19. Now, I am approaching my 1 year travel anniversary and not willing to return to the US for fear of contracting the virus during travel. I am 75 years old and mortality chance is high if contracting the virus especially that I have chronic cardiac issues.

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Filed: IR-1/CR-1 Visa Country: Kenya
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7 hours ago, Faeza said:

Thank you for the replies. I can potentially find a flight back to the US and manage to enter the United States before my one year anniversary from the time I travelled. But I cannot find it in myself to travel now as I am 75 years old with chronic cardiac issues and if I contract the virus in the airports, it will likely be lethal for me.

I have been searching but it appears there is no guidance of any kind as of now.

You run the risk of being deemed to have abandoned your residency. You need to find a way to come back before the one year is over. Or go past one year and put yourself under the mercy of CBP when you arrive in the US. Your choice.

Edited by retheem
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