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  • staying outside USA more than a year during (border closed)

    hi
    my mother is outside the US for 15 months( more than a year)
    and the reason is the borders are closed in the country she is in ,
    so there's flights to get out of it (go to usa)
    but no flights back ! (can't let the kids alone for a long time)
    so she couldn't come to break the 12 months
    now should she just book a flight and come to usa
    or there something she must do in the embassy before ? !

  • #2
    Please keep us posted on your updates. My mother will also be more than 12months out of the country in Jan. As soon as the regular flights resume I would like to bring her to US. The clarification I am seeking out is .. can she just buy a plane ticket and come to US or does she need to apply for reentry permit ?

    Comment


    • #3
      waterwh .- I am afraid that your mother may have already lost the green card status. For GC holders who want to live over 12 months outside US, they need to apply Form I-131 in advance from within US. Now I understand that Covid situation was unpredictable but flights to US from most countries have been operating since few months now. So the legal argument is that your mom should have already traveled.

      USCIS doesn't consider "Can't leave kids alone" or "Your home country not allowing incoming flights from US" as valid reasons to not follow immigration rules for maintaining Green card status. You may need to consult an immigration attorney for your mom's situation who will be in a better position to guide you legally.

      AnxiousMom
      Last edited by Donald_Trump; 01-04-2021, 05:50 PM.

      Comment


      • #4
        waterwh and @AnxiousMom: from my family's experience, your mother can potentially just risk it and travel to the States without a re-entry permit or a returning resident visa. My parents were in a similar situation and travelled to the United States after being out of the country for 14 months. The CBP officer at the port of entry didn't ask any questions. The other option (and the one that your local embassy/consulate would recommend) is to apply for a Returning Resident Visa once the consulate reopens. The important point here is that your mother should be able to prove to the CBP officer that the delay in returning to the US was beyond her control and not something that was intended.

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        • #5
          I’m in same situation. My Dad’s 12 months will be on Jan 15,2021 and not sure what to do. Flights are open but no vaccines in Pakistan yet and he is 74 yrs old. Can’t take any chances. What are my options?

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          • #6
            Wanted to let you guys know. My Dad was stuck outside of US for 15 months due to COVID. He arrived yesterday and nobody asked him any questions about overstaying outside of US and nothing happened to his GC status.

            Comment


            • #7
              Originally posted by akki1 View Post
              Wanted to let you guys know. My Dad was stuck outside of US for 15 months due to COVID. He arrived yesterday and nobody asked him any questions about overstaying outside of US and nothing happened to his GC status.
              Which was his port of entry? Did he use the auto immigration procedure? Please revert.

              Comment


              • #8
                Originally posted by akki1 View Post
                Wanted to let you guys know. My Dad was stuck outside of US for 15 months due to COVID. He arrived yesterday and nobody asked him any questions about overstaying outside of US and nothing happened to his GC status.
                I think it just depends on an officer. some of them are nice, some are very much not.

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                • #9
                  He came from Karachi, Pakistan via Doha, Qatar and landed in Nashville, TN

                  Comment


                  • #10
                    How is the POE experience for arriving GC holders staying beyond 6+ months outside US in Newark Airport during these pandemic times?

                    I am apprehensive traveling during these times and hence may go beyond the stipulated 6+ months for GC holders.

                    Please advise.

                    Comment


                    • #11
                      Refer to this link - Seems they have provisions if you where out of country due to COVID restrictions



                      Comment


                      • #12
                        Originally posted by waterwh View Post
                        hi
                        my mother is outside the US for 15 months( more than a year)
                        and the reason is the borders are closed in the country she is in ,
                        so there's flights to get out of it (go to usa)
                        but no flights back ! (can't let the kids alone for a long time)
                        so she couldn't come to break the 12 months
                        now should she just book a flight and come to usa
                        or there something she must do in the embassy before ? !
                        Just come home.

                        Comment


                        • #13
                          Originally posted by Kudla View Post
                          How is the POE experience for arriving GC holders staying beyond 6+ months outside US in Newark Airport during these pandemic times?

                          I am apprehensive traveling during these times and hence may go beyond the stipulated 6+ months for GC holders.

                          Please advise.
                          Hi Kudla, Were you able to able to eneter US this timewithout issue ?

                          Comment


                          • #14
                            Originally posted by rmittal90 View Post

                            Hi Kudla, Were you able to able to eneter US this timewithout issue ?
                            I have NOT traveled back, and would be traveling in next 2 months, which would be around 10 months of absence from US. Fingers crossed and hope for the best.

                            Comment


                            • #15
                              Originally posted by Kudla View Post

                              I have NOT traveled back, and would be traveling in next 2 months, which would be around 10 months of absence from US. Fingers crossed and hope for the best.
                              When you entered last time, Did CBP officer gave yyou hard time?

                              Comment

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