Relevant categories: Immigrant visa

The following is guidance provided by the American Immigration Lawyers Association (“AILA”) for attorneys and their clients to better understand the travel issues for permanent residents during the COVID-19 pandemic.  Enterline and Partners attorneys are proud to be active AILA members and to share this information with you.

Travel restrictions can change quickly for both lawful permanent residents (“LPR”) and others seeking to enter or return to the United States. If at all possible, traveling outside the United States should be avoided except in the most urgent situations.

If you are an LPR, you should consider the following when  traveling outside the United States.

Relevant categories: Immigrant visa

The U.S. Customs and Border Protection Agency (“CBP”) has not announced any special relief  to a lawful permanent resident (“LPR’) who has remained outside the United States for more than one year because of  COVID-19 travel and movement restrictions. Currently, a LPR who was remained outside the United States irrespective of his or her reason for doing so are presumed to have abandoned immigrant status and an interviewing CBP officer may determine that he or she is not admissible for admission into the United States upon arrival at the Port of Entry (“POE.”). A LPR who has remained outside the United States for more than one year may either seek relief by applying for a SB-1 Returning Resident Visa at a  U.S. Embassy or Consulate or may travel to the United States and request entry provided his or her Form I-551 (“green card”) has not expired. An LPR who chooses the latter option may have an increased risk of being sent to into secondary inspection upon arrival at an air, land, or sea Port of Entry.

Relevant categories: Immigrant visa

There are many reasons why a lawful permanent resident (“LPR”) would remain outside the United States for more than 180 days. However, staying outside the U.S. for a long period could result in the U.S. government taking the position that an LPR has abandoned his or her intent to live in the U.S. as a permanent resident and it could take steps to revoke the LPRs resident status.

Relevant categories: Immigrant visa

Due to significant travel and movement restrictions caused by the COVID-19 pandemic, Lawful Permanent Residents (“LPR”’) have found themselves stranded abroad and thus unable to travel to the United States despite not having the intention of abandoning their LPR status.   All permanent residents receive an identification called a Form I-551 but colloquially known as a “green card”.  A green card serves as an immigrant visa if the LPR has been outside the United States for less than one year. If the LPR has been outside the United States for more than one year, there is a presumption that the LPR has abandoned his or her immigrant status and his or her green card may no longer be considered valid for entry into the United States.