Greencard/residency issues due to covid

Ridhima

Ridhima

New Member
Hello Sir,
So I have 4 important questions that I really need help with. I would like to explain my scenario briefly.
I am a green card holder from 2011. My greencard will expire in January 2021.
I am stuck in India due to Covid 19 and have no flights right now to get back. I came here in March 2020 and I am supposed to be back in September 2020 to maintain my continuity of stay for naturalization. I was eligible to apply in June 2020 for Naturalization but that also could not happen. I am 95 days short of my physical stay in US now since I couldn't return amidst this pandemic.
So my first question is
1. Am I eligible to apply for N470 to preserve continuous residency? Or any other way to preserve my number of days already spent physically in US.
2. What if I am unable to return in September and exceed living outside the US for 6 months? My continuous/physical stay, will be affected even during this pandemic, since alll this has been out of my control?
3. My greencard is expiring in January, can I apply for renewal outside of US? How much time is it taking for biometrics date to come and what if the flights would still not resume and I am unable to make it for biometrics?
4. What if I am not able to return till January and my green card gets expired? Will I be allowed to re-enter?

I have been working as a Substitute Teacher with the NYC Department of Education and have been out of work since March, with no certain date as to when the school's would be safe to reopen. Very worried, as to what I should do in this current scenario in terms of my greencard and naturalization? Please advise sir. If any more information is needed from my end, please do let me know. Thank you
 
1. N-470 instructions says that it only applies to absences of more than 1 year. I believe this is because for an absence of between 6 months and 1 year, you can overcome the presumption of interrupting continuous residence with evidence of ties, without having filed N-470. Also, N-470 is only for people working with certain American organizations abroad, and you are unlikely to qualify for that.
2. An absence of between 6 months and 1 year is presumed to interrupt "continuous residence", but this presumption can be overcome with strong evidence.
3. not sure
4. The US government allows airlines to board passengers with expired 10-year green cards. See CBP carrier information guide p. 28, "Cards with expired I-551s may be boarded without penalty if the card was issued with a 10-year expiration date". And I-131A page, Special Instructions, "U.S. Customs and Border Protection (CBP) policy permits a transportation carrier bound for the United States to allow you to board without carrier documentation if you: Are an LPR with an expired Green Card that was issued with a 10-year expiration date (and you have been outside of the U.S. for less than a year);".

But most likely the airline will not let you board with an expired green card. If you are returning between when your green card expires (in January 2021) and 1 year after you left (in March 2021), you can file I-131A with a consulate to get a transportation letter, telling airlines to let you board. If you will return more than 1 year after you left, you will have to apply for an SB1 returning resident visa with the consulate.
 
Hello,

My Green card is valid but it is more than a year I am in India and I don't have a reentry permit either. I came to India to look after my parents. Later on, Covid hit. I am still not able to come to the US.
What are my options?- Do I File SB-1 at the consulate or is there any other option?
 
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