Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

Travel Issues for Permanent Residents in Pandemic Times

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:

Absence Outside the United States for a Prolonged Period of Time May Result in Abandonment of Lawful Permanent Resident Status. You Should Understand the Law.

<180 Days

An absence from the United States of less than 180 days equals no presumption of abandonment of permanent residence.

>180 Days – <1 Year

An absence from the United States of more than 180 days, but less than one year creates a rebuttable presumption that you may have abandoned permanent residence (meaning the government presumes you have abandoned your residence and the burden is on you to prove otherwise).

>1 Year

An absence from the United States of more than one year could result in automatic loss of LPR status unless appropriate steps were taken prior to departure to preserve your status.

A Re-Entry Permit is One Way of Preserving Lawful Permanent Resident Status.

If you know or believe you will be outside the United States for more than a year, you should apply for a re-entry permit with the United States Citizenship and Immigration Services (“USCIS”) BEFORE you leave. You will need to be physically present in the United States when the application is filed. You will also need to be in the United States for biometrics processing, which is usually scheduled anywhere from several weeks to several months after USCIS receives the application, so plan ahead as much as possible.

What if you did not obtain a re-entry permit before leaving and have remained outside the United States for more than one year because of the pandemic? USCIS has not announced any policy exception regarding this issue. An LPR who has stayed outside of the United States for more than one year, or longer than the validity of their reentry permits, are generally considered to have abandoned their LPR status.

If your situation falls within either of these scenarios and you wish to return to the United States, you will need to consider obtaining an SB-1 Returning Resident visa before traveling to the United States from the U.S. Embassy or Consulate in the country where you are residing.

If You Are Unable to Return to the United States Within One Year Due to Pandemic-Related Travel Restrictions, You Should Be Prepared to Provide Evidence of the Following:

  • Timely attempts to travel back to the United States, such as canceled airline travel documents and emails or other correspondence documenting your intent to return to the United States and your inability to travel.
    • If you do not have any of these, be prepared to provide evidence establishing why you could not travel (such as evidence of local lockdowns or government-mandated travel restrictions).
  • Continued ties to the United States, such as continued payment of any mortgages or rent as well as any associated housing costs. Also, be prepared to document your temporary housing arrangement (i.e. that you own no property) in the foreign country.
  • Evidence that you maintained an employment relationship in the United States, such as an employer letter showing you had a leave of absence or you will be rehired upon your return to the United States. Also, provide evidence that you did not work in the foreign country, except possibly for your U.S. employer.
  • If applicable, evidence of illness, either of yourself or a family member, that kept you from traveling.
  • If applicable, evidence that other family members stayed behind in the United States while you were abroad and unable to return.
  • Financial evidence of continued U.S. ties, such as U.S. tax returns, banking records, etc.

Seeking U.S. Citizenship After Lengthy Travel

To apply for naturalization, an LPR must have been physically present in the United States for at least half of the required period of continuous residence (i.e., 30 months or 18 months depending on the basis for applying), and must have lived for three (3) months in the state or USCIS district of residence.

The effect of absences of over one year due to the pandemic has not yet been determined by USCIS, but in most cases, you will lose your eligibility for naturalization based on the 30 month or 18 month continuous residence requirement. Consult your immigration attorney for possible USCIS policy exceptions due to the large number of LPRs who were unable to return to the United States due to the COVID-19 pandemic.

Other Travel Restrictions to Remember

Immigrant and Nonimmigrant Visa Processing Bans Lifted

If you are awaiting entry of a family member, President Biden issued an executive order on February 24, 2021, lifting the immigrant visa ban (Presidential Proclamation 10014), thus allowing family members of U.S. citizens and green card holders to obtain immigrant visas and join their families in the United States. Moreover, on March 31, 2021, the nonimmigrant visa ban (Presidential Proclamation 10052) restricting the entry of temporary workers into the United States was also lifted.

Travel to Other Countries

If you are contemplating other international travel, you should confirm admission requirements and procedures as most countries have implemented travel restrictions for entry, in the form of either: a) Mandatory quarantines; b) Enhanced health screening upon arrival or return; c) Prohibitions on travel for all non-citizens of those countries; and d) Temporary closure of consulates.

What Our Office Is Doing

If you are an LPR and have questions regarding your case, we encourage you to contact our office at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2021. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Delinquent U.S. Taxpayers in Southeast Asia

While living in the Southeast Asian region, it’s easy to forget about U.S. tax obligations, especially if the taxpayer’s income is deemed “minimal.”  Let’s first re-visit our tax filing requirements, where an excerpt is noted right on the last page of one’s U.S. Passport, “All U.S. Citizens working and residing abroad are required to file and report on their worldwide income. Consult IRS Publication 54 …” Tax practitioners may use the standard deduction as the filing threshold. For tax year 2024, single status filers can claim up to $14,600 as a standard deduction. Therefore, if one can maintain and produce supporting documentation that the tax year’s income is below the standard deduction threshold, the taxpayer may opt to not file a U.S. Income Tax Return. However, it’s good practice to still file a tax return  to show the U.S. Internal Revenue Service that your income is below the standard deduction

Read more >

Federal Court of Appeals Rules Against Trump’s EO Ending Birthright Citizenship

A Federal Court of Appeals handed the Trump Administration another blow in its fight to redefine the 14th Amendment ending birthright citizenship through Executive Order (“EO”). The San Francisco-based Ninth Circuit Court of Appeals rejected the Administration’s request for an emergency order putting on hold a nationwide ban issued by Seattle-based Judge John Coughenour last month who found the EO blatantly unconstitutional. Judge Coughenour decision was swiftly followed by Judge Deborah Boardman’s decision in Maryland who also ruled that the EO needed to be stopped. While the Trump Administration argued that Judge Coughenour’s ruling went too far, a three-judge panel disagreed and scheduled the case for arguments in June. U.S. Circuit Judge Danielle Forrest, whom Trump appointed during his first term, said that a rapid decision would risk eroding public confidence in judges who must “reach their decisions apart from ideology or political preference.” The other judges on the panel,

Read more >

U.S. Taxes for Americans Abroad

A common concern raised by our clients departing the United States to reside abroad is what do they need to do about U.S. taxes. Furthermore, there are several misconceptions and misunderstandings that permeate the American expatriate community about U.S. taxes; especially about filing thresholds and some exclusion amounts. Allow us to provide insights — answers to address these questions and clarify the misconceptions. U.S. taxes are the financial backbone of the U.S. economy. The tax system is essential to financing the activities of the federal, state and municipal governments including infrastructure, healthcare, education, military and consular services. Indeed, now a cliché, founding father Benjamin Franklin once said, “nothing can be said to be certain, except death and taxes.” Another notable thing about U.S. taxes is that an excerpt is noted right on the last page of one’s U.S. Passport, “All U.S. Citizens working and residing abroad are required to file

Read more >
Vietnam
icons8-exercise-96 chat-active-icon