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My brother and his wife have US green cards. They have been abroad and were planning to return to the USA in March-2020, but, they are not able to return as all flights are cancelled from where they currently are. US is bringing some people by chartered flights but they only do it for US citizens. They will be out of the USA for 12 months on May 1. We searched some Immigration documents it seems that staying out of the USA for more than 12 months call for automatic abandonment of the green card. Do they have any option to return to the USA under this extraordinary Covid-19 circumstance? Any suggestion would be helpful.
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Abandonment of residence is not determined based on length of time away alone, and being away for more than 12 months does not "automatically" imply abandonment. The green card by itself is no longer one of the documents accepted for a returning immigrant after an absence of more than 1 year, but the immigration officer at entry has the discretion to waive the failure to have one of those documents. Basically, if they just fly back to the US on their green card after being away for 12 months, the officer can either 1) let them in anyway, or 2) refer them to an immigration court to determine whether they abandoned residence. If they are requested to sign I-407 to voluntarily abandon their green card, they should refuse. Under current circumstances, there is a good chance they will just be let in (and even if not, the immigration court will likely determine they did not abandon residence). Another option is to apply for an SB1 returning resident visa at a US consulate, which requires showing that they could not return earlier due to circumstances beyond their control. This is usually a high bar, but probably easier in the current circumstances.
This is my personal opinion and is not to be construed as legal advice. -
Hey , i am green card holder . I got a conditional green card . That green card is going to expire on may 21, 2020. I came to india on feb mid and my return was on march 30,2020. Due to covid 19 , all international flighs are cancelled. I am in worry now, if lockdown continue till may end. Than what i will do bcz of my green card will be expire . Can i travel to usa with expire green card??Comment
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You can still send your I-751 with all the documents to USCIS based on your State. That way you'll receive your extension. If you have your spouse in the US once they receive it they will send to you via FEDEX or DHL or any service that will be suitable for you.Originally posted by Neetgill View PostMarriage based- Concurrent filling
01/09/2018 - PD date.
01/22/2018 - Date received NOA letters
01/23/2018 - Received Biometric App Notice
02/09/2018 - Biometric Walk-in
02/23/2018 - Received Courtesy letter for I-693
03/25/2018 - Applied for AP I-131
04/20/2018 - Raised SR for I-765 (day 101)
04/30/2018 - "Case Ready to schedule for an interview"
05/10/2018 - Recived AP I-131 card/form
06/05/2018 - EAD/Approved/Card on production
06/07/2018 - Interview/Approved/Card on productionComment
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In feb mid i file for 10 years green card , i submit all the docs and got receipt also.Comment
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I just checked sb-1 visa is just like filing a new gc. You will need to go doctor evaluation and checked for immunizations etc etc..looks like a complication and long procedure to meOriginally posted by newacct View PostComment
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Hi, I have my GC over 3 decades and I was stuck in indonesia for 2 years. Got approved SB 1 visa. Arrived in Newark Airport and gave the sealed documents to the immigration officer. He took away my green card ( valid until 2029). So, I called USCIS and no case for me and called Border and Protection in Newark Airport, they said they have sent the document. After spending 3 hours on both agencies, I got confused either I should file replacement of my green card , advised from USCIS and do not file the green card and will send the new one. So, my question is I need to travel and what to do next.Comment
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