How To Maintain Your Green Card Status When Stranded Abroad Due To Travel Ban – Path2USA

The Covid-19 pandemic and resultant lockdowns and journey bans have impacted many who’re stranded exterior the US. Journey restrictions and flight cancellations coupled with the concern of journey have had many inexperienced card holders stranded exterior the U.S. This is usually a major problem in the case of sustaining one’s everlasting residency. USCIS requires {that a} inexperienced card holder mustn’t stay exterior the U.S. for a substantial period of time, or danger abandonment of his inexperienced card.

Beneath we study the Inexperienced Card rule concerning the must be exterior of the U.S. for an prolonged time period and the choices accessible to the inexperienced card holder.

What Is The Rule About Staying Exterior The U.S. On A Inexperienced Card

USCIS states {that a} inexperienced card shall be thought of deserted if the inexperienced card holder spends greater than 12 months exterior the nation and not using a reentry allow. This primarily signifies that your inexperienced card is technically invalid for re-entry into the US if you’re absent from the U.S. for 1 yr or extra.

To keep away from risking this, the inexperienced card holder has the choice of making use of for a reentry allow which will enable the holder to remain exterior the nation for a minimal interval of two years with out risking abandonment.

Associated Learn: Worldwide Journey On A Inexperienced Card

How To File For A Reentry Allow

If you wish to get a re-entry allow as a result of you may be staying exterior the nation for an extended interval, it’s important to file Type I-131, Utility for Journey Doc. This may additionally require a submitting charges plus supporting documentation, and pictures of the inexperienced card holder.

Please notice: given the uncertainty throughout the pandemic, it is best to file this utility properly upfront of your deliberate journey.

Doc Listing For Reentry Allow Utility

• A replica of the inexperienced card;
• A replica of the alien registration receipt card;
• A replica of the biographic web page of the inexperienced card holder’s passport and the web page of his passport indicating preliminary admission as a everlasting resident;
• Different proof that the alien is a everlasting resident;
• A replica of the approval discover of a separate utility for alternative of the alien registration receipt card or momentary proof of everlasting resident standing.

After Submitting Type I-131, Utility for Journey Doc

• You’ll obtain receipt discover from USCIS;
• You’ll obtain discover for Biometric appointment;
• You’ll obtain discover to look for an interview;
• Closing resolution.

Reentry Allow Throughout Covid-19

USCIS rule 8 CFR 223.2 (b) (1)  requires reentry permits be utilized for in-person and that the inexperienced card holder be bodily current within the U.S. on the time of submitting it. The date of receipt of the appliance is the date USCIS receives the reentry allow utility. Now due to so many individuals caught exterior the nation and unable to journey because of the pandemic, many are struggling to take care of and protect their everlasting residency standing.  

Associated Learn: Options For Inexperienced Card Holders Affected By US Journey Ban

For the reason that above rule stands agency even throughout the pandemic, it’s advisable that every one inexperienced card holders who’ve already spent a substantial period of time exterior the nation make each attainable try and return to the U.S. 

Associated Learn: U.S. Consulates Overseas Do Not Subject Reentry Permits. Right here Are The Wait-Occasions For All Different Visa Appointments

What Is The Different To Inexperienced Card Reentry Allow

In the event you haven’t filed for a reentry allow in particular person earlier than leaving the U.S. for a substantial period of time, then you’ll both have deserted your everlasting residency standing or face a harsh inquisition on the port of entry in your return. 

Ties To The U.S.

Having stated that, different components like having full employment, paying taxes, having energetic financial institution accounts and having a house within the U.S. are additionally saving components in lieu of shedding your inexperienced card standing. In the event you can present proof of those and present continues ties to the U.S. you can also make a case to be allowed to re-enter the U.S.

Life/Demise Or Well being Causes

Displaying intent to return is an efficient technique to show that you simply didn’t intend to desert your inexperienced card. Journey bans, lockdowns and flight cancellations are all good causes should you can present proof of your incapability to return to the U.S. in a well timed method.

Well being causes or demise of a member of the family is also a cause that could be thought of by an immigration officer on the port of entry. It is very important have ample documentary proof on the time of in search of reentry to the U.S.

SB-1 Returning Resident Visa

 A inexperienced card holder overseas can file for SB-1 immigrant returning resident visa at their native U.S. consulate.  If authorized, they could return to the U.S. as a returning resident. For this, you’ll have to present ample proof to the consular officer to show that circumstances had been out of your management and also you couldn’t return to the U.S. in a well timed method. Extraordinary circumstances embrace sickness and/or demise excessive climate or political occasions, or a pandemic like COVID-19.

As soon as reentry is granted, the inexperienced card holder must endure biometrics and submission of fingerprinting. As soon as accomplished he shall be issued a brand new inexperienced card.

Associated Learn: Biometric Appointment Backlogged – When Will You Get Your Biometric Appointment?