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aditya999 · Sep 29, 2020, 01:17 PM

1)Did USCIS announce any relaxation on the duration a green card holder is permitted to stay outside the country (without an Advance Parole) before the card becomes invalid?
Prior to the pandemic, it used to be one year.

2)What are the benefits of physically surrendering the green card after it becomes invalid on account of overstaying outside the country?

3)If someone already acquired a Visitor Visa before they got the green card, does the visa get canceled upon receiving the green card or can it be used for visiting USA, in lieu of the invalidated green card?

4)What is the procedure to reinstate the green card after it becomes invalidated due to overstaying?

newacct · Oct 8, 2020, 12:20 AM

1. There has been no change. However, the time is not an absolute limit. It was always the case that the officer can let the person in even if they have been out for more than 1 year without a Re-entry Permit or SB-1 visa, and that is still the case.
2. One benefit might be that you will no longer be a resident of the US for tax purposes, so you will stop being subject to US taxes on your worldwide income.
3. In principal, the visa can still be used. But it will probably bring up lots of questions.
4. Like I said above, you can simply travel to the US with your green card even if you have been out for more than a year, and the immigration officer or immigration judge can let you in if they believe you have not abandoned residence. Or, you can try to apply for an SB-1 returning resident visa at a US consulate abroad.