Policy changes can help people stranded during pandemic
The COVID crisis continues to cause problems for immigrants and even for some U.S. citizens. U.S. Citizenship and Immigration Services is behind in processing employment authorization applications, getting an appointment at a U.S. consulate is still challenging, and many permanent residents are stuck abroad with expired green cards. And if you are a U.S. citizen abroad with an expired passport, getting a new one can be difficult.
Fortunately, the government has made a few policy changes that will help during these difficult times.
Green card holders: The government has told airlines that they can let green card holders board planes with expired 10-year cards. U.S. Customs and Border Enforcement Officers will admit you even with an expired card.
Note however, if you have been abroad for one continuous year with your green card, expired or not, it is not a valid entry document. Still, CBP will likely admit you despite your being abroad for a year or more if you can explain why you didn’t return sooner.
An alternative is to apply for a returning resident visa at a U.S. consulate. The State Department has advised U.S. consular officers that they may waive interviews for returning immigrants applying for visas. I recommend making your case to a CBP officer at a port of entry, rather than getting a returning immigrant visa.
Help for health care workers: USCIS will expedite approvals of Employment Authorization Documents for health care workers. If you qualify for an EAD — if for example because you have Temporary Protected Status, Deferred Action for Childhood Arrivals, or you have applied to adjust status to permanent residence — USCIS will prioritize your EAD application if it has been pending for 30 days or more. To learn how to apply to expedite your EAD request, go to bit.ly/33djdZK.
Reentry to the United States with an expired U.S. passport: If you are abroad and your passport expired on or after Jan. 1, 2020, you can use your expired passport to return directly to the United States until March 31, 2022.