Stuck outside of USA because of Covid-19


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Hello All,

I am a green card holder and I am stuck here in Egypt  because of the Coronavirus Covid-19 and all airports are closed, I have been here outside of USA for 5.5 months  and I know I shouldn't be out side of USA for more than 6 months, is there any problem that I could face if I overstayed more than 6 months given that the current situation of corona-virus? Is there any proactive thing  that I can do to avoid any issues?

Thanks in advance

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  • 1 month later...

If you stay outside the US for less than a year you should be fine coming back. Be prepared to answer some questions though. Make sure you have evidence demonstrating your residence in the US (job, car insurance, rent receipts, etc). 

Also make sure you file your US taxes on time! Living abroad in conjunction with not filing US taxes could become a more serious problem. 

You may have problems establishing continuous residence for naturalization purposes.  

 

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Hello!

As you have noted, if a legal permanent resident (LPR) stays outside of the United States for a period greater than 180 days and less than a year, there is a rebuttable presumption that s/he has abandoned his/her status as legal permanent resident. Additionally, the continuous residence requirement for Naturalization may also be interrupted. This again is a rebuttable presumption and under the current circumstances, the break may be exempted.  

It is best to keep documentation to support the fact that one had intention of returning to the U.S. within a stipulated time while returning to the United States. Further, if you end up staying for more than one year and you do not have a “Re-Entry Permit”, then you may have to apply for status as “Returning Resident” under SB-1 to return to the U.S. 

If you need help on this, you may reach out to info@murthyindia.com
 

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  • 8 months later...

My Parents are senior  (Dad 82 and Mom 75) unable to return to the US as their flight on march 22nd was cancelled in India as there was a complete lock down. They have remained outside of US(in India) for more than 1 year i.e from March 28th, 2019. Will they have any problems if they plan to return to the US (Feb 2021) in excess of 1 year from their last departure? Will they be allowed to board a plane (their GC is still valid) and any problem/complication at the immigration in Chicago Airport? Thanks for your advice..

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