New Developments for Green Card Holders Still Abroad During COVID-19
The issue has become exceedingly relevant for many LPRs unable to travel during the pandemic, and in the year since we have learned a great deal about the developments and strategies surrounding this topic.
August 23, 2021 at 11:09 AM
7 minute read
In 2020, Oxford English Dictionary chose an assortment of words to define the year including "Blursday" and "coronavirus." At the same time, I wrote an article about the return options for green card holders (lawful permanent residents or LPRs) who have been abroad for more than a year. The issue has become exceedingly relevant for many LPRs unable to travel during the pandemic, and in the year since we have learned a great deal about the developments and strategies surrounding this topic. If I were to assign words to this issue in the "year of blursdays," my top picks would be "strategic" and "hopeful." In my opinion, LPRs can increase the chance of success of maintaining their green card by adapting to the new developments and adopting the right strategies.
Generally speaking, an LPR should be able to re-enter the United States after spending less than one year abroad. If the absence is more than a year, the LPR can apply for a returning resident (SB-1) visa at a U.S. consulate or return to the United States directly and request a waiver at the border. In either scenario, the LPR needs to show that he or she has not abandoned the permanent resident status.
- In most cases, the border waiver option is clearly better.
The SB-1 visa is a type of special immigrant visa with very specific requirements. Among them is the requirement that the protracted stay abroad was caused by reasons out of the LPR's control and responsibility. On the other hand, the border waiver (Form I-193) may be granted if the Customs and Border Protection (CBP) officer at the airport or land port-or-entry is satisfied that the LPR has established "good cause" for failure to present a valid SB-1 visa.
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