GREEN CARD HELP - OUT OF COUNTRY FOR >12 MONTHS (DURING COVID-19 TIME)

[helprequired]

Good afternoon,
I am a doctor and British National working in the UK. In 2018, I was granted the 2 year exemption from entering the USA regularly to maintain the green card (issued in 2017) permanent status. Upon the completion of these two years, I had booked to visit America, however, due to the pandemic and the UK being in lockdown, our borders were closed to international travel. Following this, due to both of my parents being afflicted with poor health in April 2020 (mother was diagnosed with cancer and subsequently underwent surgery and chemotherapy over the course of the next 12-18 months; father was admitted to hospital in April 2020 and stayed there for 1 month and his recovery after discharge took 12+ months), I was unable to enter USA as: (1) I was their primary carer (2) due to them having a high risk of contracting COVID-19, I was shielding alongside them (only leaving house for work commitments. In addition to this, as an NHS doctor, it was deemed bad for us to travel abroad (only allowed for emergencies) as we had a national duty to help with the pandemic; as such, our annual leave to go abroad would be denied due to extreme staff shortages and the increased need for doctors nationally (as was seen in every country due to the pandemic).

Moreover, I am currently studying for the USMLE exams (hoping to start in summer 2023 as a doctor in USA). I have a US driving license too. I mention these as it hopefully shows intent of moving there long term.

I want to visit the US on my green card soon, however, upon contacting the US embassy in London, I was advised that the US borders were never 'closed' to American Passport holders/Green Card holders - something I was not aware of. They said that if I have stayed outside of the US for more than 12 months I will lose my LPR status.

I wanted advice through this forum if there is any way in which I could plead a case (given my mitigating circumstances, as outlined above) to fight for the LPR status, or will I definitely have to reapply for the entire immigration process.

Thank you in advance for any help. I hope everyone is well during these tough times.

 

[newacct]

It is true that US permanent residents had always been allowed to enter the US during the pandemic, no matter by air or land, no matter what countries they had been in. And they are not even required to be vaccinated. When you say "our borders were closed", do you mean there was an outbound travel ban from the UK?

Abandonment of residence is a subjective determination based on looking at many factors, not the length of absence alone. However, your immediate problem is the lack of an acceptable document for an entering immigrant. A green card is only an acceptable document for a returning permanent resident after an absence of less than 1 year, and your Re-entry Permit is expired so it is not an acceptable document for re-entry either.

There are basically two avenues for you:
1. Just fly to the US with your unexpired green card, despite you not having one of the acceptable documents for a returning permanent resident. The officer at entry has the power to waive your failure to have an acceptable document, if they determine you have not abandoned your residence. So this is your first chance to plead your case. There's a chance that they will do that and will just let you in, perhaps with a warning. They are more likely to let you in if it's your first time, and had reasons for staying abroad, especially related to COVID. But your length of absence is a little bit long, so it's hard to say, though much of that absence was during the validity period of your Re-entry Permit, so you might just need to explain the last part.

In case the officer decides to deny you entry, they will pressure you to sign form I-407 to voluntarily relinquish your permanent residency. If this happens, refuse to sign. It is voluntary, and the officer has no power to revoke your permanent residency involuntarily (only an immigration judge in immigration court can do that). Then the officer will give you a Notice to Appear for removal proceedings in immigration court, probably temporarily letting you into the US in the meantime. In immigration court, you can plead your case again to the immigration judge. So this is like an appeal of the immigration officer's decision. If the immigration judge determines that you have not abandoned your residence, the immigration judge will waive your failure to have acceptable documents and let you in. There is a good chance that if you have a good argument, you will succeed. Immigration court decisions can be further appealed to the BIA if warranted.

2. Apply at a US consulate for an SB-1 returning resident visa. This is an immigrant visa that will satisfy the documentary requirements for entry. However, to qualify for this visa, you would have to demonstrate that you could not return earlier due to "circumstances beyond your control". Any period of time that you could have returned, but didn't, would count against you. And you have no recourse if it is denied.

 

[helprequired]

Good morning,
So I thought I would update on this forum as a means of benefitting others in a similar situation to me.
As you mentioned (@newacct ), I was presented with the two options. However, I had all my documents with me, ready to fight my case. I was interviewed harshly initially, but then I explained I had a wavier which exempted me for 2 years, following which the airlines cancelled our tickets to enter America, following which my parents' health declined etc etc. They listened but seemed to give me a tough time. I kept reassuring them that I am here to stay long-term with the aim of working here from next summer. They then gave me a third option stating "so you have brought everything with you to stay here long-term?", to which I replied yes. The third option benefited me, in that, they said I can keep my green card and permanent residency status, but I cannot leave the country for 6 months. This came as a shock initially to have to tell my parents i won't seem them for 6 months, however, having family here, i was quite lucky to be able to keep my green card and not be turned away back to the UK. I am now living in the USA for 6 months.
Thank you for all your help.