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

[usmsbow 796]

6 minutes ago, SusieQQQ said:

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?
 

Relevance is probably grand child will be able to go to school by then, so grandmother won't have to be in Russia for nearly as long.

[igrant 28]

4 minutes ago, SusieQQQ said:

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?
 

Can a green card holder keep spending a few months outside and a few months in the US for an extended period of time like several years in row or only once a while? 

[igrant 28]

8 minutes ago, usmsbow said:

Relevance is probably grand child will be able to go to school by then, so grandmother won't have to be in Russia for nearly as long.

If the relevance is why 4-5 years then yes it is because the child will grow older by that time and be able to not be completely dependent on an adult. He is currently 9 yo but has a minor medical condition that requires an adult to prepare him a good food, put warmer closing, give medicine when needed, not let the child go outside to play for extended period of time. When he becomes 14-15 he should be able to do all these without adult monitoring. Plus, his mother (my syster) was petitioned last year by my mother on the basis of F2B and the mother and child may immigrate to the US in the future. Hopefully it wont take full 7-8 years for F2B visas. 

[SusieQQQ 11,584]

56 minutes ago, usmsbow said:

Relevance is probably grand child will be able to go to school by then, so grandmother won't have to be in Russia for nearly as long.

Wonder what happens during the 8-10 months out, though....  the story is hardly consistent given the long periods of time both there and away, but that’s irrelevant from an IJ perspective anyway.

[HRQX 4,145]

On 5/17/2020 at 4:19 PM, HRQX said:

CBP is a part of DHS. "DHS reserves the authority to revoke your advance parole document at any time"

"Parole upon your return to the United States is not guaranteed."

@Cndn, I also found this: "A Memorandum of Agreement (MOA) between DHS component agencies, U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP) sets out the division of responsibility for parole of each DHS agency.  While USCIS and ICE can authorize issuance of an advance parole document, CBP makes the actual decision whether to parole an individual when the individual arrives at the port of entry in the United States on a case-by-case basis." https://fam.state.gov/fam/09FAM/09FAM020203.html

[Cndn 98]

1 hour ago, HRQX said:

@Cndn, I also found this: "A Memorandum of Agreement (MOA) between DHS component agencies, U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP) sets out the division of responsibility for parole of each DHS agency.  While USCIS and ICE can authorize issuance of an advance parole document, CBP makes the actual decision whether to parole an individual when the individual arrives at the port of entry in the United States on a case-by-case basis." https://fam.state.gov/fam/09FAM/09FAM020203.html

Yes it says on the document you get with your AP card that this does not guarantee admission into the US. 

[igrant 28]

Thank you for all the answers. We were able to find a flight to the US via third countries, get permissions to go out/in from/to those countries's governments and eventually arrive in the US safely yesterday after 360 days overseas. This was third consecutive time my mother has been outside the US for more than 11 months at a time. Immigration officers didn't question her, other than covid-19 related questions, at the port of entry. It was quick and smooth. I think my mother has been merely lucky not to be questioned about her extended stays overseas. 

[Pinoyman 3]

On 5/18/2020 at 8:41 PM, 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).

Update. Im still here in the Philippines. It will be my 8th month here on the 22nd. Was suppose to travel to the states on March 26, but was cancelled due to the virus.  Got my flight cancelled again just now( my flight schedule is June 12) . They said I might be able to finally fly on the third week of this month. I hope things will go smooth and wont encounter issues when I come back.

[igrant 28]

On 6/8/2020 at 1:05 PM, Pinoyman said:

Update. Im still here in the Philippines. It will be my 8th month here on the 22nd. Was suppose to travel to the states on March 26, but was cancelled due to the virus.  Got my flight cancelled again just now( my flight schedule is June 12) . They said I might be able to finally fly on the third week of this month. I hope things will go smooth and wont encounter issues when I come back.

Hi Pinoyman,

 

Based on our experience you will have no issues, especially if it is your first time staying outside longer. Now, more countries are opening up their borders and resuming commercial international flights in June/July. If you really wanted to come sooner then you could do so via third countries like South Korea or any other that have international flights, but you will be fine if you are coming to the US within the 365 days.

[Pinoyman 3]

3 hours ago, igrant said:

Hi Pinoyman,

 

Based on our experience you will have no issues, especially if it is your first time staying outside longer. Now, more countries are opening up their borders and resuming commercial international flights in June/July. If you really wanted to come sooner then you could do so via third countries like South Korea or any other that have international flights, but you will be fine if you are coming to the US within the 365 days.

I did tried to fly but my flight was cancelled 3 x. The problem is I need to travel to our capital city since I live in the province to catch my international flight. Got a schedule again this June 22. Hope it wont get cancelled again. Thanks.

[igrant 28]

2 hours ago, Pinoyman said:

I did tried to fly but my flight was cancelled 3 x. The problem is I need to travel to our capital city since I live in the province to catch my international flight. Got a schedule again this June 22. Hope it wont get cancelled again. Thanks.

Travelling to the capital city from within your home country is 100 times easier than crossing borders of other closed countries just to catch an international flight which we had gone through.

In your place, I would not worry even a bit about cancellations or staying any longer, because yours is only 8 months. You still have 3 more months after which you can start worrying :). Good luck with your next flight. Hope your flight won't get cancelled and you will enter the US with no issues.    

[Pssol 2]

On 6/10/2020 at 11:05 PM, Pinoyman said:

I did tried to fly but my flight was cancelled 3 x. The problem is I need to travel to our capital city since I live in the province to catch my international flight. Got a schedule again this June 22. Hope it wont get cancelled again. Thanks.

Hi Pinoyman,

 

Any update on your travel back to the US? hope it was smooth and succesful.