Green Card Holder stuck Overseas due to Covid-19...

[SusieQQQ 11,584]

46 minutes ago, designguy said:

So if an LPR commits a crime. Or they are gone for more than 180 and one of the Grounds of Inadmissability would apply then they can be denied enty

We are talking about something else entirely here. If that’s the kind of denial you meant you should have clarified it rather than said yes in the context of the question being asked in this thread.

[Cndn 98]

27 minutes ago, designguy said:

From a legal perspective, an LPR who is absent for 180 continuous days is making an application for admission into the US. This means the grounds of inadmissibility kick in. For example an LPR who is on government assistance and goes on a trip for 6 months could be denied entry on public charge grounds. Or on their 6 month trip they contract TB they could be denied on health related grounds. This is what the law states on paper, whether its enforced is another thing. 

 

The "year" thing is for LPRs gone for more than a year need a re-entry permit. If you are gone for over a year and return without a re-enty permit, have not committed a crime, and have no grounds of inadmissibility against you, then the CBP officer should parole you and you would have to see an IJ. Maybe they will be understanding with the current situation but I wouldnt risk it so I would try everything to get back in under a year.

Got it, thank you. 

[Pinoyman 3]

11 hours ago, SusieQQQ said:

CBP officers can’t revoke, they can try pressure people to abandon. They cannot deny a green card holder as such.
 

Two issues: (1) I personally tend to think there will be some leeway around this given the current circumstances. There have been green card holders allowed entry with >1 year out before, not something I’d generally advise but if you can get back fairly soon after your one year is up I’d be inclined to try this. But. (2) last time I traveled as a LPR, which was last year, I was asked both at my original departure country and again at my transit airport country when I had left the US, so I think airlines are being asked to check the one year rule themselves. From forums I’ve posted on it seems but some not all countries/airlines are doing this. So this could be a problem with the “just try anyway” route.

 

As for evacuation /repatriation flights yes you can check but not all countries have them, and some countries are so locked down you can’t get to a neighboring country or sometimes even a different province to get a flight. Also different being USC vs LPR. I know a LPR family currently in a country with repatriation flights who were not granted parole to get to the airport (needed under the country lockdown rules) to take them because they are not USCs. I don’t know the details of why /whether embassy doesn’t have same weight, etc, but I do know they are stuck. 

 

 

Hi Susie.  Im on the same boat. Almost 7 months out here. I was suppose to go back in the states last March 26. But due to this pandemic I was not able to. Tried to get to another flight but was cancelled. My question is if I go back soon in the states, would there be a problem? Thanks.

[SusieQQQ 11,584]

4 hours ago, Pinoyman said:

Hi Susie.  Im on the same boat. Almost 7 months out here. I was suppose to go back in the states last March 26. But due to this pandemic I was not able to. Tried to get to another flight but was cancelled. My question is if I go back soon in the states, would there be a problem? Thanks.

I have personally known a few people who have been out 10-11 months (I was even accompanying one of them at the time of his reentry) and got briefly questioned about why but no problem going back - as long as you don’t make a habit of long absences. 12 months is the important mark. Despite the technicality of  “seeking readmission” after 6 months, I’ve yet to see a report of a case where this was a problem (assuming you are not a criminal etc, but to be honest I haven’t even seen reports of that happening).

[African Zealot 1,452]

Ultimately nobody can tell you what will happen. It depends on the immigration officer you will meet. I have a personal friend who was previously let in after two years away without a single question and who is now a citizen. There are stories of people encountering ruthless immigration officers who coerced them to relinquish their green card and then denied them entry. Anything can happen.

 

That said the law dictates that as a legal permanent resident at worst you should be paroled in to make your case before an immigration judge if you insist. Just remember immigration officers sometimes behave lawlessly, more common now.

Edited May 18, 2020 by Ray.Bonaquist

[igrant 28]

My mother usually spends 11.5 months overseas and 8-10 months in the US. She basically spends more time overseas than she does in the US and she never had an issue entering the US in the past. Immigration officers never asked questions from her. I am not sure if that is because she is old and doesn't know English. However, this time she and I got stuck overseas due to the stay-at-home orders, otherwise we would have returned after 11.5 months again.

[SusieQQQ 11,584]

8 minutes ago, igrant said:

My mother usually spends 11.5 months overseas and 8-10 months in the US. She basically spends more time overseas than she does in the US and she never had an issue entering the US in the past. Immigration officers never asked questions from her. I am not sure if that is because she is old and doesn't know English. However, this time she and I got stuck overseas due to the stay-at-home orders, otherwise we would have returned after 11.5 months again.

Well that puts a totally different spin on it to be honest. She’s clearly been aiming to meet the letter of the law but not actually residing there the majority of the time so not actually meeting residence requirements. This could definitely cause issues if they look at her history. How long has she been doing this for - somewhat surprised she hasn’t had a problem yet if it’s been going on more than a couple of times.

so, basically, forget what I said earlier... it’s clearly not a one-time-got-stuck situation and the risks for hitting problems are much higher ... it helps to give people a proper picture of the situation when you post by the way so that the answers are relevant ..

Edited May 18, 2020 by SusieQQQ

[igrant 28]

15 minutes ago, SusieQQQ said:

Well that puts a totally different spin on it to be honest. She’s clearly been aiming to meet the letter of the law but not actually residing there the majority of the time so not actually meeting residence requirements. This could definitely cause issues if they look at her history. How long has she been doing this for - somewhat surprised she hasn’t had a problem yet if it’s been going on more than a couple of times.

so, basically, forget what I said earlier... it’s clearly not a one-time-got-stuck situation and the risks for hitting problems are much higher ... it helps to give people a proper picture of the situation when you post by the way so that the answers are relevant ..

My mother has done that last 2 times. She received her GC about 4 years ago. Prior to that she was denied visitors visa and then my brother, who is US citizen, had to petition her to immigrate to the US. She has to be in both places. 

[SusieQQQ 11,584]

15 minutes ago, igrant said:

My mother has done that last 2 times. She received her GC about 4 years ago. Prior to that she was denied visitors visa and then my brother, who is US citizen, had to petition her to immigrate to the US. She has to be in both places. 

Maybe she thinks she has to be in both places, but legally you can only be resident of one place. A green card is not a super visa, it is for residing in the US, and keeping it requires that you make the US your primary residence. 
You see the problem here now is that this is not actually a one off issue due to coronavirus, this is a pattern where she has an added complication this time. This would be harder (probably, much harder) to argue in front of an immigration judge.
 

And what is your own status in all this?

Edited May 18, 2020 by SusieQQQ

[igrant 28]

41 minutes ago, SusieQQQ said:

Maybe she thinks she has to be in both places, but legally you can only be resident of one place. A green card is not a super visa, it is for residing in the US, and keeping it requires that you make the US your primary residence. 
You see the problem here now is that this is not actually a one off issue due to coronavirus, this is a pattern where she has an added complication this time. This would be harder (probably, much harder) to argue in front of an immigration judge.
 

And what is your own status in all this?

I am a recent immigrant as well and I a few months ago a came to join my mother and was initially planning go back to US together this months. I understand GC is not a super visa but my mother needs to take care of one of her grandchildren overseas from time to time. Her daughter is a single working mother and can't take care her son by herself all the time.  At the same time she can't stay overseas all the time because she needs to visit her children in the US. So, it is a situation that requires her to stay in both places. 

[Pinoyman 3]

3 hours ago, SusieQQQ said:

I have personally known a few people who have been out 10-11 months (I was even accompanying one of them at the time of his reentry) and got briefly questioned about why but no problem going back - as long as you don’t make a habit of long absences. 12 months is the important mark. Despite the technicality of  “seeking readmission” after 6 months, I’ve yet to see a report of a case where this was a problem (assuming you are not a criminal etc, but to be honest I haven’t even seen reports of that happening).

This is my first time to be out for soo long and its due to virus pandemic. No criminal record on my file. Hope everything will go smooth on my return. Thanks.

[Just Paul 4,591]

6 minutes ago, Pinoyman said:

This is my first time to be out for soo long and its due to virus pandemic. No criminal record on my file. Hope everything will go smooth on my return. Thanks.

Just get back before a year.  Many LPRs have been stuck.  The good news is that once you can get a flight you will be able to enter.

[SusieQQQ 11,584]

15 minutes ago, igrant said:

I am a recent immigrant as well and I a few months ago a came to join my mother and was initially planning go back to US together this months. I understand GC is not a super visa but my mother needs to take care of one of her grandchildren overseas from time to time. Her daughter is a single working mother and can't take care her son by herself all the time.  At the same time she can't stay overseas all the time because she needs to visit her children in the US. So, it is a situation that requires her to stay in both places. 

Well, she may be forced to choose which is more important to her at some point. I’d strongly suggest you treat your own green card with more respect than she’s treated hers.

 

15 minutes ago, Pinoyman said:

This is my first time to be out for soo long and its due to virus pandemic. No criminal record on my file. Hope everything will go smooth on my return. Thanks.

You should be able to get back well before a year is up, I’m sure you’ll be fine.

[igrant 28]

5 minutes ago, SusieQQQ said:

Well, she may be forced to choose which is more important to her at some point. I’d strongly suggest you treat your own green card with more respect than she’s treated hers.

 

 It is not that she treated her green card with disrespect. It is just choosing between a grand child and a green card. She has been treating both with much respect and been doing what she could. Definitely no one wants to loose a hard-earned green card nor well-being of a grandchild. Both are very important. Hopefully this is a last time she has to spend 11 months overseas. For future trips she is planning to spend up to 6 months overseas. 

Can one stay 3-5 months overseas and a few months in the US and spend 3-5 months overseas and a few months in the US for, let say, the next 4-5 years or he/she has to spend more than 6 months in the US and less than 6 months outside within a given year?

[SusieQQQ 11,584]

15 minutes ago, igrant said:

 It is not that she treated her green card with disrespect. It is just choosing between a grand child and a green card. She has been treating both with much respect and been doing what she could. Definitely no one wants to loose a hard-earned green card nor well-being of a grandchild. Both are very important. Hopefully this is a last time she has to spend 11 months overseas. For future trips she is planning to spend up to 6 months overseas. 

Can one stay 3-5 months overseas and a few months in the US and spend 3-5 months overseas and a few months in the US for, let say, the next 4-5 years or he/she has to spend more than 6 months in the US and less than 6 months outside within a given year?

More time in the US than out to show it is primary residence. What is the relevance of the 4-5 year timeframe you mention?