I am a green card holder, but have been staying in India since December 2019 to take care of my parents. I planned on coming back to the U.S. within six months, but the pandemic has forced me to stay in India longer. What should I do? Are there any special allowances being made because of COVID-19?

Answer

There are many green card holders who have found themselves stuck outside the U.S. for a prolonged period of time. There are no special rules that have been created because of the pandemic, but the mere fact that you have been outside the country for more than 6 months does not automatically mean that your green card will be revoked.

It is true that there is a presumption of abandonment of permanent resident status when a foreign national departs the U.S. for longer than six months. However, that presumption is rebuttable, and is based on the specific facts of your situation. I recommend that you schedule a consultation with one of our attorneys to discuss your situation in greater detail and determine how best to proceed. (09.Jun.2020)

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