Enter US after reentry permit expired due to coronavirus lockdown

[xhan]

Hello, thanks in advance for anyone who may help on this,

My parents are green card holders with a 1 year reentry permit with an expiration date on May. They left US in May last year and have not come back since. They are currently experiencing citywide lockdown in Wuhan due to the coronavirus and there is no sign of lifting the lockdown any time soon. There is a great chance that they may have to enter US without a valid reentry permit. The good side is that they are all health and uninfected.

I know this is a unforeseen simulation, but I don‘t know if USCIS would take into consideration of other country's policy. I'm wondering if there is any other process they can file and to get around. As far as I know, reentry permit can't be extended and you can't apply a new one outside the US.

[azblk]

If and when the lock down and travel ban restrictions are lifted then they will be able comeback provided they can show they could not come back due to circumstances beyond their control.

[arequi2020]

That’s also my problem.My sons’ re entry permits will expire this May. I was trying to contact anybody in USCIS site but can’t get hold on them. I hope they can consider this case,I mean giving extensions.Philippines is in lockdown.

[roshan97]

I have the same situation for my parents. Their re-entry permit is expiring in May and they cant travel as India is in lockdown

[sach_nyc]

I am in same situation. keep me updated on your parents situation

[Parth Green card holder]

I am in the same situation . My parents Reentry permit has already expired because of Covid 19 they couldn't travel before expiry of reentry permit which was 23rd April. Please suggest what should I do now? So i have to compulsorily file sb1 for my parents or is it fine if they just go post lockdown opening and show proof at immigration that it was not in our hands. Please help me

[Parth Green card holder]

Hello, thanks in advance for anyone who may help on this,

My parents are green card holders with a 1 year reentry permit with an expiration date on May. They left US in May last year and have not come back since. They are currently experiencing citywide lockdown in Wuhan due to the coronavirus and there is no sign of lifting the lockdown any time soon. There is a great chance that they may have to enter US without a valid reentry permit. The good side is that they are all health and uninfected.

I know this is a unforeseen simulation, but I don‘t know if USCIS would take into consideration of other country's policy. I'm wondering if there is any other process they can file and to get around. As far as I know, reentry permit can't be extended and you can't apply a new one outside the US.

Please let me know what did u do then? Did u just go to USA without returning resident visa? Did they consider?

[Parth Green card holder]

I am in same situation. keep me updated on your parents situation

Please share me any updates . I am in the same boat

[R78]

USCIS is only responsible to reviewing & adjudicating petitions.
The power to allow a person into the country rests with CBP. If the re-entry permit just expired or will expire soon, then CBP may consider the case and let you into the country.
If you were unable to travel between Feb - May (since flights have slowly started resuming), then I doubt you need any explanation.
However, if the permit expired in Dec or Jan, you may have explaining to do as to why you did not return (most countries still had flights to the US)

As with all other posts, this is my opinion and not legal advise.

[Parth Green card holder]

USCIS is only responsible to reviewing & adjudicating petitions.
The power to allow a person into the country rests with CBP. If the re-entry permit just expired or will expire soon, then CBP may consider the case and let you into the country.
If you were unable to travel between Feb - May (since flights have slowly started resuming), then I doubt you need any explanation.
However, if the permit expired in Dec or Jan, you may have explaining to do as to why you did not return (most countries still had flights to the US)

As with all other posts, this is my opinion and not legal advise.

Sir! Thank you so much for your opinion. I hope this works out as I am not in favour of filing returning resident visa for my parents even though their reentry permits are expired. Because considering the Covid19 lockdown and safety situation, US must allow us to come irrespective of the expiration date of reentry permits.

Sir I do have one more concern. Let say if my parents Take the first flight post lockdwon opening and fly to USA, will they be allowed to go from Indian airports? I mean , I am form Ahmedabad , so I will take flight from Ahmedabad to Chicago. Will they allow me to go with expired Reentry permit , from Ahmedabad airport. If no, how should I convince them? I would appreciate your help here.

[R78]

Regarding your statement "US must allow us to come irrespective of the expiration date of reentry permits" <-There is no such rule or need for them to consider. That's why there are options like SB1.
But considering the situation, I am sure officers will be asking the right questions and considering worthy cases (Covid 19 and mass flight cancellations being outside our control and that you took the earliest flight possible).

Airports will be looking at expiration of US documents. If your parents are in possession of an unexpired greencard, then this should suffice for boarding.
You can show the re-entry permit to CBP when you get to immigration. They will
(a) waive requirement and admit you as an LPR
(b) Defer your case to an immigration court for a hearing.

[Parth Green card holder]

In case they defer my case to an immigration court for a hearing, what does that actually mean? where is that immigration court? is it at the airport only? or some other place? can they deport my parents in any situation back to India ?

[R78]

That means they will let you in for now (like parole) and then let the court decide. You will get a hearing date (letter sent you you). Immigration courts are not at the airport.
You are overthinking this. Your parents had a valid re-entry permit (1yr) which means they could stay out of the country for 1 year. Covid has eaten up almost 3 months of travel.
Just try to find the earliest flight and explain the situation. Chances are, CBP officers have been issued internal memos on how to deal with covid fallout.

[Parth Green card holder]

That means they will let you in for now (like parole) and then let the court decide. You will get a hearing date (letter sent you you). Immigration courts are not at the airport.
You are overthinking this. Your parents had a valid re-entry permit (1yr) which means they could stay out of the country for 1 year. Covid has eaten up almost 3 months of travel.
Just try to find the earliest flight and explain the situation. Chances are, CBP officers have been issued internal memos on how to deal with covid fallout.

Sir, the reason for my overthinking is because , I called and emailed numerous times to USCIS, US embassy Delhi,US embassy Mumbai, USCIS Delhi, NVC and everytime and everybody replied me the same that is to go with SB1 visa visa even if it is one day late than Reentry permit expiring.

I really appreciate your opinion and I would completely rely on it. One last time, please do u suggest/give your opinion should I take risk for my parents, considering all that phone calls. One of the reason I am over thinking is also because this is with my parents. I don't want the situation where I get to stay in US and my parents denied.


Have u ever seen anyone anytime in the past where without SB1 visa , under special circumstances, certain post expired reenrey permit holders allowed n USA?

thanks again sir.

[Parth Green card holder]

That means they will let you in for now (like parole) and then let the court decide. You will get a hearing date (letter sent you you). Immigration courts are not at the airport.
You are overthinking this. Your parents had a valid re-entry permit (1yr) which means they could stay out of the country for 1 year. Covid has eaten up almost 3 months of travel.
Just try to find the earliest flight and explain the situation. Chances are, CBP officers have been issued internal memos on how to deal with covid fallout.

Sir please reply to my above post, so that i i know weather to book tickets ASAP or go ahead for SB1 visa. Thank you so much.

Please give your final opinion.
A) DIRECTLY GO USA ASAP
B) WAIT AND FILE FOR SB1.

PLESE CHOOSE A OR B. PLEASE REPLY SIR.