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Been out of the US for 4 months, worried about losing green card as I hit 6 months

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  • Been out of the US for 4 months, worried about losing green card as I hit 6 months

    I came to visit family in Canada in March and then COVID hit big. It keeps going way up in Los Angeles where I live legally on a green card I got in Jan this year. Where my family are at in Canada there are zero cases.

    I keep agonizing over what I should do. It sounds crazy to go from a open safe place with zero cases into the second biggest city in the US where cases are SKYROCKETING.

    On the other hand, if I don't come back to the states then I risk losing my green card, since I'm just 2 months away from being out of the country for 6 months.

    Does anyone know what I should do?

  • #2
    You won't lose your greencard if you're out for 6 months.
    Covid is here to stay for a while (poor planning on the US end), so think of back up options.
    Opinion only. Cannot be construed as legal advice.

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    • #3
      I was actually going to post asking the same question as the OP. Will be 5 months in August that we are out in Taiwan. Tbh with the covid situation in the states as bad as it is its understandable we want to stay far far away.

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      • #4
        Having a Green Card means you consider the US to be your home.
        Staying away for longer means:
        - higher risk of losing the greencard (especially 12 months or longer)
        - more paperwork
        - proving to the Consulate that your stay outside the US was beyond your control if applying for SB1 visa
        - More questions by the CBP upto and including referring your case to an immigration court (that could revoke your greencard) etc.

        Covid may have been an issue initially for 3-4 months when almost all flights were cancelled / restrictions between countries. Since that has mostly eased and flights are available, its strongly suggested you return.
        Opinion only. Cannot be construed as legal advice.

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