We have heard of some clients who are unable to return to the U.S. after a temporary visit abroad – for example to the Philippines – due to COVID-19 related reasons. Either (1) they cannot get a flight back to the U.S. or (2) their health situation makes them vulnerable to contracting the corona virus or (3) they already have the corona virus. What will be the impact of their extended stay outside to the U.S. to their status as green card holders?
Let’s look at 3 scenarios:
First, the green card holder has been in the Philippines for more than 6 months. What will happen when s/he finally returns to the U.S?
If you are returning after more than 6 months, there will be the usual strict scrutiny by the CBP officer because you are considered to be seeking admission. Meaning to say, your green card is not just sufficient for entry, they will have to look whether or not there are reasons to deny your entry. But if you mention that the COVID-19 circumstances had prevented you from returning, more likely than not you will have no problem entering the U.S.
Second, the green card holder has been outside the U.S. for more than 12 months.
If you are a green card holder, you should not stay outside the United States for more than 1 year. So what happens if you stayed for more than a year, you will be deemed to have abandoned your residence. You need to obtain the SB-1 or returning resident visa from the U.S. Embassy and explain that your reason for untimely return is a COVID-19 related reason; more likely than not, you will be granted a returning resident visa as long as there is no proof that you have abandoned your resident status in the U.S. If you are in a rush to return and you flew in the U.S. without the returning resident visa, you will be asked by CBP to explain your absence for one year and they may allow you in anyway if it is a COVID-19 related reason.
Third, the re-entry permit of the green card holder already expired.
The same as scenario 2. If you have COVID-19 related reasons, you can return to the U.S. by obtaining a returning resident visa, or flying to the U.S. without it and explaining to the CBP officer that COVID-19 related reason had prevented you from returning. Again, you should show that you have not abandoned your U.S. residence even if you stayed abroad during the validity of your re-entry permit and beyond.
