Re-entry to maintain status

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Hello, My parents just went to Nepal on September. Since they hold the Greencard, is it must based on the current situation that they have to re-enter US to maintain the status? Any of you are in the same situation? Please share your feedback. Any lawyers who could help assist on this matter? Thank you!!

Sujhab · Jan 8, 2021 12:53 PM · 21,391 views

9 Replies

Anyone in similar situation. Thanks!!

Sujhab · Jan 8, 2021 4:25 PM

I haven't heard of any such to present situation, but isn't there already a restriction how long a green card holders remain out of USA? (I am not a lawyer). Since the travel to USA is not restricted...

Euta_nepali · Jan 9, 2021 12:55 PM

Yes there is a restriction of 6 months brother but the current condition. I would rather have my parents not travel this time if possible. But not sure where I can find more details at this point. Anyways I am still researching & will possibly call a lawyer this afternoon. Thank you!!

Sujhab · Jan 11, 2021 9:24 AM

I was in a similar situation because of lockdown but managed to reenter in time. I was told by a friend to contact the US embassy to extend my stay if I believe I will be there for more than 6 months. Though I did not contact them, I suggest you try that route.

paani_ma_paade_jasto · Jan 12, 2021 12:23 PM

The general rule of thumb is you should not stay out of U.S. exceeding 6 months, so lawyer advise to keep it below 6 months. Staying for more than 6 months will break the requirements of physical residence and continuous residence. If one needs to stay for more than 6 months,then apply for advance parole.

ohio · Jan 12, 2021 11:14 PM

Thank you Ohio for your input. I called couple of Lawyers & I am more confused now. One of the lawyer mentioned that since it is COVID situation they can stay up to 11 months & enter before a year period. One of the other lawyer mentioned that they have to be in within 6 months time period. Personally I do not want my parents to travel at this time period as they are old & it's a lot of effort. I am still researching... will keep you guys posted. Please do the same from your end as well. Thanks!!

Sujhab · Jan 14, 2021 5:09 PM

Technically you can return back within a year without any problem. But if you stayed over a year you have to set up an appointment in US Embassy(Kathmandu) for Returning Resident Visa known as SB-1 Visa. These appoint, embassy will provide you only after u have stayed out of USA for a year.

basebook · Jan 14, 2021 5:25 PM

"The general rule of thumb is you should not stay out of U.S. exceeding 6 months" "one of the other lawyer mentioned that they have to be in within 6 months time period." सुझाब ब्रोलाइ मेरो सुझाब ! अरु चैँ थाहा भएँन … आफुले नै देखेको भोगेको कुरा भन्दै छु … मैले चिन्ने मान्छे पनि कोभिड लागेको भनि इउ एसमा मोर ड्यान सिक्स मन्थ पछि छिर्न भाको हो … इम्मिग्रेसनमा र्याग र्यागती पारेका थिए … धन्न आइमाई मान्छे र सिनिएर सिटिजन हुन भाकोले उन्हालाइ भित्रिन दिन भो … जे एफ के एरपोर्ट ! थ्यांक्स ! 🙏 Last edited: 14-Jan-21 05:38 PM

Nas · Jan 14, 2021 5:38 PM

Thank you Basebook brother/Nas brother for sharing.

Sujhab · Jan 15, 2021 9:00 AM

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