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Re-entry to maintain status

Original Post

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
8 Replies
Sujhab Jan 8, 2021 4:25 PM
Anyone in similar situation. Thanks!!
Euta_nepali Jan 9, 2021 12:55 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...
Sujhab Jan 11, 2021 9:24 AM
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 Jan 12, 2021 12:23 PM
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 Jan 12, 2021 11:14 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.
Sujhab Jan 14, 2021 5:09 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!!
basebook Jan 14, 2021 5:25 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.
Sujhab Jan 15, 2021 9:00 AM
Thank you Basebook brother/Nas brother for sharing.
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