I have a greencard & I'm outside US can't return within 6 months what are my options?

[Shankar Chowk]

Hi so I have a USA Green card, and I left USA, and now have about a couple of months to return back to US within 6 months.

Now it seems due to this Coronavirus, the return within 6 months is impossible. Should I goto the local USA embassy to seek advice?

I can't apply for Reentry permit as I'm outside USA now, and that requires you to be in USA for biometrics. What are my other options?

Is the DHS issuing any guidance, or relief in this matter for green card holders who went abroad? Please advise. Thanks!

[newacct]

There is no requirement to return within 6 months. The green card by itself is a valid document for reentry after an absence of less than 1 year.

[Shankar Chowk]

Hi the new requirement is six months for sure. I did do a google search on many legal sites.

[newacct]

Hi the new requirement is six months for sure. I did do a google search on many legal sites.

No. There is not, and has never been, a requirement for 6 months. There have been no "new requirements".

Being away for more than 6 months creates a presumption of interrupting "continuous residence" for naturalization, but that is a separate issue from keeping your permanent residency. This has not changed recently.

Being away for more than 180 days also means you are technically "seeking admission" when you re-enter, and thus you are subject to any grounds of inadmissibility (whereas a permanent resident returning from a trip of less than 180 days generally can enter even if they have grounds of inadmissibility). However, returning green card holders almost never have any inadmissibilities anyway, so this is an insignificant distinction. This has not changed recently, except that the public charge ground of inadmissibility has gotten stricter than before, but even this isn't likely to affect many green card holders.

Of course, a green card holder has to maintain residence in the US, no matter the length of their absence. Even if you take only trips of less than 6 months, you can still lose permanent residency if you are found to not have maintained residence in the US.