Physical Presence during Covid-19

[centrinouk 5]

Dear All,

 

I have sponsored my wife for U.S Green Card. We were living in the US as we had a stable life until last year. Last year  , I lost my job , no health insurance also my wife were diagnosed with cancer.

I was looking for work and applied for Medicaid in New Jersey but got denied  as my income was over 70K and  my wife wasn't  living for 5 years thats the requirement for NJ Medicaid to be eligible.

My wife's only option to return back to the UK to continue treatment last year July 2019 until I find another job and get medical insurance again.

Our situation wasn't as great yet but she has been back to the US last January within 6 months to keep the physical presence and continuous presence.

We were looking to return back in July 2020 again for a few weeks but it seems that we will be quarantined in both countries.

Is there is exception to preserve her physical presence during COVID-19? She is still vulnerable and she has lung infection already. We have proof of the cancer , treatment in US/UK and lungs

I have read the below link

https://www.uscis.gov/sites/default/files/policymanual/updates/20200226-BreaksInContinuousResidence.pdf

 

I dont understand this policy 

Policy Highlights

• Clarifies that naturalization applicants absent from the United States during the statutory period for more than 6 months but less than 1 year, must overcome the presumption that the continuity of residence has been broken in order to remain eligible for naturalization.

• Clarifies that an applicant who USCIS determines to have broken the continuity of residence must establish a new period of continuous residence; the requisite duration of that period depends on the basis upon which the applicant seeks to naturalize.

 

Whats our option for her to keep her physical  presence during covid-19 without travelling back within 6 months?

 

Kindly , Please help us and I appreciate all your support

 

[HRQX 4,145]

1 hour ago, centrinouk said:

Whats our option for her to keep her physical  presence during covid-19 without travelling back within 6 months?

An option is the Re-entry Permit (Form I-327):

         

Form I-131, Application for Travel Document, is filed when physically in the US. Right after filing, the applicant can leave the US. On the I-131 application she can request that the approved I-327 be sent to a US embassy or consulate in the UK. The main purpose of I-327 is that it establishes that your spouse did not intend to abandon her U.S. permanent resident status, and it allows her to apply for admission to the United States after traveling abroad for up to two years without having to obtain a returning resident visa.

Edited May 16, 2020 by HRQX

[HRQX 4,145]

1 hour ago, centrinouk said:

We were looking to return back in July 2020 again for a few weeks but it seems that we will be quarantined in both countries.

UK has a quarantine requirement but not the US*.

 

*Specific states (Hawaii, Alaska, etc.) might have their own requirements: https://www.usatoday.com/story/travel/news/2020/04/04/coronavirus-travel-restrictions-us-states-quarantine-requirements/2947021001/

[geowrian 22,337]

Note that the re-entry permit won't preserve physical presence or continuous residency for naturalization purposes. It just lets her be abroad for up to 2 years without holding that time abroad alone as a factor of abandonment of permanent residency.

 

Has she been utilizing NHS services as a resident, or is she paying out of pocket like a visitor?

[centrinouk 5]

Thank you very much all for all your responses. I wasn't looking for the re-entry permit answer but rather explanation of the policy that I mentioned and also if USCIS would not void the Physical presence due to COVID-19. We are looking to return back ASAP and hopefully less than 1 year from last admission/entry. In order to return within 180 days this would be by 17th July the very latest and we try to figure that out also we dont need to risk her health too rushing it this July.

 

I appreciate all your efforts.