Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Covid-19 travel restrictions may result in green-card abandonment??

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Covid-19 travel restrictions may result in green-card abandonment??

    My mother has a green card and traveled to India on May 9th 2019.
    She was set to return on April 13th 2020 (we have proof of tickets).
    Due to the Covid-19 travel restrictions she is unable to come back to USA before the 1-yr deadline.

    Is there anything you can suggest so that she does not loose her GreenCard due to abandonment criteria?

    I am planning to file her 2019 taxes soon.
    Submitting a SB-1 in New Delhi consulate is also difficult considering the restrictions in New Delhi itself.

    Thanks!

  • #2
    If she just flies on her green card to the US, there is a good chance the officer will let her in anyway. In the unlikely case the officer doesn't, make sure she doesn't sign I-407 to voluntarily give up her green card. The only thing they can do is refer her to removal proceedings in immigration court, and there is a good chance the immigration judge there will find that she didn't abandon residence.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Thanks a lot for your quick response and advice.

      I am also talking to a lawyer about this as well.

      Comment


      • #4
        I am also in similar situation. Can you update me pls on what happened in her case?

        Comment


        • #5
          In a similar situation so I'll be watching this thread. I hope all goes well.

          Comment


          • #6
            Originally posted by razors_edge View Post
            My mother has a green card and traveled to India on May 9th 2019.
            She was set to return on April 13th 2020 (we have proof of tickets).
            Due to the Covid-19 travel restrictions she is unable to come back to USA before the 1-yr deadline.

            Is there anything you can suggest so that she does not loose her GreenCard due to abandonment criteria?

            I am planning to file her 2019 taxes soon.
            Submitting a SB-1 in New Delhi consulate is also difficult considering the restrictions in New Delhi itself.

            Thanks!
            Hello , same situation here, please update me what did u do ​​​​​​​then?

            Comment


            • #7
              Originally posted by newacct View Post
              If she just flies on her green card to the US, there is a good chance the officer will let her in anyway. In the unlikely case the officer doesn't, make sure she doesn't sign I-407 to voluntarily give up her green card. The only thing they can do is refer her to removal proceedings in immigration court, and there is a good chance the immigration judge there will find that she didn't abandon residence.
              I am in the same situation for my parents, their reentry permit got expired in this lockdown and we don't wish to file for SB1 for them as no consulates are open yet. Should we take the first flight post lockdwon and directly go and convince the officer? How likely the chances are they let us in? Has it every Happened to anyone who got in USA with reentry permit expired due to special untoward situation like corona? Please help mw with your advice ASAP. Thank you

              Comment


              • #8
                Originally posted by razors_edge View Post
                My mother has a green card and traveled to India on May 9th 2019.
                She was set to return on April 13th 2020 (we have proof of tickets).
                Due to the Covid-19 travel restrictions she is unable to come back to USA before the 1-yr deadline.

                Is there anything you can suggest so that she does not loose her GreenCard due to abandonment criteria?

                I am planning to file her 2019 taxes soon.
                Submitting a SB-1 in New Delhi consulate is also difficult considering the restrictions in New Delhi itself.

                Thanks!
                Please update me what did u do with your mother's reentry permut after it expired! Did she applied for sb 1 or did she flew to USA? Did officer allow her to re-enter USA? My mom is in same situation , please help me here

                Comment


                • #9
                  My mother green card also in abandoned status and we are trying to find out what could be done and how to do. I was talking to usicis and they said rentry visa -immigration consular appointment process. Anyone have idea about this process. Please let me know if you know. Also, any idea if this is available in Hyderabad us consulate?

                  If not this process, are there cases, that they can try coming into US and the officer will allow her

                  Comment


                  • #10
                    Originally posted by anuprash12 View Post
                    My mother green card also in abandoned status and we are trying to find out what could be done and how to do. I was talking to usicis and they said rentry visa -immigration consular appointment process. Anyone have idea about this process. Please let me know if you know. Also, any idea if this is available in Hyderabad us consulate?

                    If not this process, are there cases, that they can try coming into US and the officer will allow her
                    How long has your mother been out of the US ?
                    Opinion only. Cannot be construed as legal advice.

                    Comment


                    • #11
                      Originally posted by R78 View Post

                      How long has your mother been out of the US ?
                      Since June 3rd 2019.

                      can some one please help me to provide insight on the process for reentry permit? or can we try bringing her to US and talk to port officer. I feel that is risky

                      Comment


                      • #12
                        If she has a 10 yr greencard, she can take the risk and enter the US citing Covid as the delay to enter before 1yr lapsed. After all, flights were halted for almost 2-3months.
                        I would say try this route. Doubt they will cause any issues.

                        You cannot apply for a re-entry permit from outside the US. You'll need to apply for a returning resident visa (SB1) at a consulate. Google SB1 and you'll get a ton of info.
                        Opinion only. Cannot be construed as legal advice.

                        Comment


                        • #13
                          Any updates yet? Did USCIS or border protection of US announced any flexibility on returning USA with expired Reentry Permit due to Covid 19? Please let me know.
                          thanks in Advance

                          Comment


                          • #14
                            I heard , recently, one couple had a flight from Delhi to Chicago , who were green card holders and they had overstayed outside USA for 1 year and 28 days. They were denied boarding from the india itself.

                            Is this true? Are they really not flexible? What should I do now? We ssly can't wait to apply for sb1 as all embassies are closed.waited enough. Wrote numerous emails to embassy, everytime, same reply, to apply for sb1 when embassies open.

                            Please anyone advice me, what should I do for my parents who have expired 2 year reentry permit on23rd April, 2020 that is in lockdwon.

                            Do u know any cases where people have been allowed to re-enter in such situations?

                            Thanks

                            Comment


                            • #15
                              Originally posted by Parth Green card holder View Post
                              I heard , recently, one couple had a flight from Delhi to Chicago , who were green card holders and they had overstayed outside USA for 1 year and 28 days. They were denied boarding from the india itself.

                              Is this true? Are they really not flexible? What should I do now? We ssly can't wait to apply for sb1 as all embassies are closed.waited enough. Wrote numerous emails to embassy, everytime, same reply, to apply for sb1 when embassies open.

                              Please anyone advice me, what should I do for my parents who have expired 2 year reentry permit on23rd April, 2020 that is in lockdwon.

                              Do u know any cases where people have been allowed to re-enter in such situations?

                              Thanks
                              Some one please reply to this ????. I request.

                              Comment

                              {{modal[0].title}}

                              X

                              {{modal[0].content}}

                              {{promo.content}}

                              Working...
                              X