Re-entry to maintain status - Sajha Mobile
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Re-entry to maintain status
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Sujhab
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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
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Anyone in similar situation. Thanks!!
Euta_nepali
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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...
Sujhab
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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!!
paani_ma_paade_jasto
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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.
ohio
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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.
Sujhab
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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!!
basebook
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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.
Sujhab
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Thank you Basebook brother/Nas brother for sharing.
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