Six months outside US

[pepper44 18]

SO my husband went to visit family at the end of March and boarders ended up getting closed. He has been stuck in Cuba since. There are no flights for him to get on to come back to the states. Come August he will have been there for 6 months. Cubans I know fall under a different rule or law that most countries. If they stay in Cuba for more than 6 months while on a green card. they will not be allowed back into the country. 

Does anyone at all know if this is A. TRUE. or B. how to resolve this? He did not file for a I-131 because his intentions were not to stay except to visit family and come back. 

I am lost because there is nothing online that gives me answers. His Removal of conditions is still pending. We submitted it in Jan of this year. 

[Ontarkie 13,904]

~~Moved to Working and Traveling, from AOS Family K1/K3 - as the topic is about traveling~~

[HRQX 4,145]

1 hour ago, pepper44 said:

Does anyone at all know if this is A. TRUE. or B. how to resolve this?

The law applies to all GC holders: 8 U.S. Code § 1101 (a)(13)(C)

Quote

An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien—
(i)has abandoned or relinquished that status,
(ii)has been absent from the United States for a continuous period in excess of 180 days,
(iii)has engaged in illegal activity after having departed the United States,
(iv)has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings,
(v)has committed an offense identified in section 1182(a)(2) of this title, unless since such offense the alien has been granted relief under section 1182(h) or 1229b(a) of this title, or
(vi)is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.

That being said, he should still try to enter the US before 1 year passes.

Edited July 12, 2020 by HRQX

[geowrian 22,335]

A single trip over 6 months but under 1 year likely won't be a problem. Just don't exceed 1 year as then there is a presumption of abandoning status and the risk of having to show otherwise goes up.

[Nitas_man 3,100]

On 7/11/2020 at 10:36 PM, pepper44 said:

SO my husband went to visit family at the end of March and boarders ended up getting closed. He has been stuck in Cuba since. There are no flights for him to get on to come back to the states. Come August he will have been there for 6 months. Cubans I know fall under a different rule or law that most countries. If they stay in Cuba for more than 6 months while on a green card. they will not be allowed back into the country. 

Does anyone at all know if this is A. TRUE. or B. how to resolve this? He did not file for a I-131 because his intentions were not to stay except to visit family and come back. 

I am lost because there is nothing online that gives me answers. His Removal of conditions is still pending. We submitted it in Jan of this year. 

It’s an issue of a few questions between 6-12 months but after 12 months it’s a real problem.  He needs to get back before March.