Im a USA citezen and my wife is a permanent resident. We spend the winters in Spain (Oct-May) but this year we cant return because of Covid19. We always fly on military planes but they are not allowing passengers due to Covid19 and it would be a high risk for me to flight commercial since I have dermapolymyositis an immune disorder. We will return as soon as we csn get a military flight becsuse the chances of contamination will be minimal versus going commercial thru a mayor international airport.
I am not sure that your wife will require an SB-1 visa to return to the United States under the circumstances that you describe. It is still a long time until your wife will be one year outside the United States. At that point, she may or may not require an SB-1 visa. I note that the permanent residence card allows trips of up to but not including one year although CBP may give a hard time to someone who is six months or more outside the United States on any one absence. If still within the one year, CBP may be amenable to the excuse of inability to return because of Covid-19 and your condition. Even if a year or more, CBP has discretion to allow a permanent resident to enter the US. In the latter situation, however, you can certainly try to get the SB-1 visa if you think that it can be obtained. Having the visa in hand before attempting reentry would undoubtedly be less nerve-racking to your wife. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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