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Advice – Green card holder returning to US after one year

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  • Advice – Green card holder returning to US after one year

    I am unable to find recent information of relevance, so I seek information and advice here for my rather uncommon case.

    As a permanent resident (Green card-holder), I left the US for a short stay but had to extend the stay because of a medical issue that required time to resolve and also made me immunosuppressed and at risk of grave danger from Covid-19. The different virus surges in the US and where I am have also affected my return plan. I have continued to maintain my US-based employment (full-time remote work) and residence while being away from the US. My Green card is valid for a few more years but soon I will complete 1 year of being away from the US.

    Assuming I cannot return before then because of the ongoing virus surge and my immunosuppression, but will be able to return 1-2 months later, after the 1-year period is over, what issues may I face?

    1. Can I be denied boarding of my return flight by the airline? Or will I be fine since my Green card remains valid even if I have been away from the US for more than a year. CBP's guide document from March 2021 to airline carriers indicates that Green card holders with valid cards can board without any issue. https://www.cbp.gov/sites/default/fi...2020210305.pdf

    2. Can I be denied entry at port of entry in the US? I will have documents of sufficient number and type in support of my continuing ties with the US and against any appearance of abandonment of permanent residence. In these Covid times, will the CBP personnel be more understanding?

    I hope someone with knowledge of recent experiences of Green card holders in similar situation as me can tell me what I am likely to face.

    Thank you.
    Last edited by aomega; 02-02-2022, 09:18 AM.

  • #2
    From what I read, the airline will not deny boarding if your GC is not expired. If you are able to fly to the US then the officer may ask questions, I have read a couple of cases that officers didn't ask anything (I guess they understand what we are living with Covid). Good luck.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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    • #3
      1. Airlines are free to refuse boarding

      2. no. You might be determined to be an arriving alie. And asked to sign I-407. you can refuse and if so CBP will parole you into the USA and you will be given notice to appear. More likely nothing will happen at all.
      Last edited by Mike E; 08-05-2022, 09:03 AM.

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      • #4
        Originally posted by aomega View Post
        I am unable to find recent information of relevance, so I seek information and advice here for my rather uncommon case.

        As a permanent resident (Green card-holder), I left the US for a short stay but had to extend the stay because of a medical issue that required time to resolve and also made me immunosuppressed and at risk of grave danger from Covid-19. The different virus surges in the US and where I am have also affected my return plan. I have continued to maintain my US-based employment (full-time remote work) and residence while being away from the US. My Green card is valid for a few more years but soon I will complete 1 year of being away from the US.

        Assuming I cannot return before then because of the ongoing virus surge and my immunosuppression, but will be able to return 1-2 months later, after the 1-year period is over, what issues may I face?

        1. Can I be denied boarding of my return flight by the airline? Or will I be fine since my Green card remains valid even if I have been away from the US for more than a year. CBP's guide document from March 2021 to airline carriers indicates that Green card holders with valid cards can board without any issue. https://www.cbp.gov/sites/default/fi...2020210305.pdf

        2. Can I be denied entry at port of entry in the US? I will have documents of sufficient number and type in support of my continuing ties with the US and against any appearance of abandonment of permanent residence. In these Covid times, will the CBP personnel be more understanding?

        I hope someone with knowledge of recent experiences of Green card holders in similar situation as me can tell me what I am likely to face.

        Thank you.
        Did you get admitted? I'm in same shoes as yours.

        Comment


        • #5
          brave5213 Yes. I landed on the 364th day, a day before the entry eligibility limit for permanent residents. The immi. officer asked why I was away for so long, and I said I was stuck because of Covid fears and was working remotely. He didn't ask any other question and didn't ask for any document. But they did extensive search of my baggage... said they had to do so because I am a biomed scientist.

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