Asked in Immigration Law

Q: Can a legal permanent resident be denied re-entry if she's pregnant and has been abroad for 6 months, 3 weeks?

I'm a legal permanent resident and after finishing my Master’s I came to volunteer in Colombia in June 2019, always returning to the US before the 6 month mark. I was in Colombia from June-Oct 2019, from Nov-Jan 2020 and again since Feb 2020. Internship ended in March, but because of COVID-19, I haven't been able to leave because I’m in a remote town in the Amazon. The earliest I'll be able to re-enter the US is Sept 2, but I'll have been abroad for 6 months, 3 weeks. I’ll also be 6 months pregnant and my fiancee lives here in Colombia. I want to give birth in the US because my doctor and family are there, and then apply for a 2-yr re-entry permit. My intention is to be in Colombia only for 2 years and then return to the US to live there permanently again. But now I'm worried that when I travel in September my long absences, being pregnant and my partner living abroad may give the impression I've abandoned my residence status and I'll be denied entry.

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1 Lawyer Answer
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: The USBP and government will take the current situation into consideration. As long as you have maintained a residence in the USA and the ovestay outside the USA is out or your control you should have no problem. I do suggest you contact your US Consulate and keep a recod of your communication.

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