Unable to return from India - Risk to Green Card?

[theAspirant7]

Hello everyone,

Sorry if there is another post on the same topic.

I wanted to reach out to ask about the legalities regarding re-entering the US on a Green Card. My wife was in IND between the months of Jan and Feb of this year. She returned to the US in Feb end (2020) and had to fly back to IND owing to a family complication on June 25th. 

 

She was planning to return on December 20th originally but may be needed to stay back further owing to family and health issues. Given the amount of time she has been out of the US and that she's required to be in the US for 6 months at a stretch to maintain her Green Card, I wanted to ask if you guys think she's likely to run into any problems during re-entry if she flies back in March 2021.

 

I called the US Embassy in New Delhi and they said she should not have problems within 364 days, but a few friends have warned me of possible risk at the airport during re-entry.

Is there any kind of documentation she can fill out to get a one-time exemption? 

 

Thanks for your time.

Thanks,
Vikram.

[pontevecchio]

Any absence more than 6 months and less than one year is presumptive evidence of abandoning the GC which can be rebutted by showing ownership of a house, joint tax returns and so on. In practice the CBP Officer is not likely to question her and there is no risk of being sent back. 

[dreambig]

My mom is on a green card, due to covid and travel restrictions she may be in India for more than one year, is that causes any problems while she plans to come back.   

If so, what I can we do to avoid the situation where they send her back at the immigration

Edited December 5, 2020 by dreambig

[pontevecchio]

You should discuss specifics with a lawyer. She may need a returning resident visa.