By Yu Sin Mok, Paralegal at Greater Boston Legal Services
“Because of the pandemic, I have been stuck in China for five months already. I don’t know when I can come back because the flights keep getting cancelled,” my client Ms. Huang told me. “Will I lose my green card if I am out of the country for more than six months?”
We hear this question often on the Asian Outreach Unit phone line at Greater Boston Legal Services, where we provide free legal services to low-income people. At the start of the pandemic, we set up a multilingual hotline so community members can contact us easily. We have heard from many green card holders, like Ms. Huang, stuck overseas.
The answers for immigration questions like Ms. Huang’s depend on the specific facts and duration of time abroad. But some basic preparation could help you deal with issues you may encounter when you return to the U.S.
While you might not be questioned at all by immigration officers when you return to the U.S., in case you are, keep records of your attempts to return to the U.S. Any email or text correspondences with travel agents, screenshots of flights being unavailable or booked, records of cancelled plane tickets, or even handwritten notes of efforts made to return can be useful to show that you tried to come back as soon as possible.
You should also gather any documents proving your continuous connection to the U.S.during your time overseas. For example, you can keep evidence showing that you have kept your job and your apartment here, and your immediate family members continue to live here. Other documents such as copies of IRS tax returns, any bank, credit card, and loan statements showing regular transactions, proof of car registration and insurance, rent receipts, and copies of passport showing entry and exit stamps can also be used to demonstrate your ties with the U.S. The more records you have, the better!
In general, a green card holder who is going to be out of the country for more than 180 days should apply for a reentry permit while still in the U.S. But many did not anticipate leaving for so long before the pandemic started and did not apply for a reentry permit. So keeping records about your connection to the U.S.is important in case immigration officials question why you were out of the U.S. for so long.
Green card holders who have stayed outside of the U.S. for a year or longer may be decided to have given up their green card. Even those who have stayed outside of the U.S. for less than a year but more than 180 days may also be deemed to have given up their green card. An immigration officer may ask you questions at the airport about your intent to stay in the U.S. permanently and whether you have abandoned your green card. In that case, you can explain how the pandemic prevented you from returning, and have documents ready to prove your attempts to return to the U.S. and your continuous ties here.
After coming back, it would be beneficial to keep these documents for your future citizenship application. You may need to present these documents again when you apply for citizenship to establish your continuous ties to the U.S. during your trips abroad.
Delays in international travel and the related immigration challenges can be stressful, especially in such uncertain times. Ms. Huang fortunately was able to return the U.S. after months of being stuck in China and constantly re-booking flights. If you have any questions about your immigration situation, please do not hesitate to reach out to Greater Boston Legal Services’ Asian Outreach Unit at 617-603-1809.
