Question on restrictions coming back from China to USA

[mahko]

Hi, My wife is saying that there are new restrictions now in place for green card holders flying back from China to America. I know of the quarantine but she says many of her friends are saying they heard they need a letter of approval from USCIS to return? Any info on this would be appreciated. Thanks and be safe!

[Randy W]

She has approval in the form of her green card. Make sure that she has evidence of her ties to you (marriage certificate) and any ties to her home in the US.

 

The USCIS may be contacted in Guangzhou or Beijing - see

Green Card Holders

 

https://china.usembassy-china.org.cn/u-s-citizen-services/local-resources-of-u-s-citizens/green-card-holders/

 

(either of these links should work)

 

Please contact the field offices of the U.S. Citizenship and Immigration Services in Beijing or Guangzhou.

 

 

 

The USCIS contact information is listed on that page.

 

You would do well to read the Level 4 Health Advisory linked to at the top of that page.

 

I see that you're not saying that your wife is in China. Travel arrangements may be difficult to make, but I expect that entry into the US would not be a problem.

 

There are many stories floating around China. My wife has asked me several times if green card holders in the US are being sent home. They're not.

 

I am not aware of any change in status or restrictions in place for existing green card holders. They are generally treated similar to US citizens. The consulates have organized evacuation flights for those having trouble leaving.

 

Hopefully, you are not asking for your wife, and that she is in the US with you.

Edited May 20, 2020 by Randy W
added 2nd direct link (see edit history)

[newacct]

She may be referring to the fact that the green card is no longer sufficient to re-enter the US after an absence of more than 1 year continuously, and so, if a green card holder stayed outside the US for 1 year continuously, and doesn't have a Re-entry Permit (which had to have been applied before leaving the US), then, officially, they would have to apply for an SB-1 returning resident visa at a US consulate (not USCIS). This isn't absolute, as the immigration officer at entry has the discretion to waive the requirement and let a green card holder in even after an absence of more than 1 year with no Re-entry Permit or SB-1 visa. None of this is new; it has always been this way; it's just more likely to come up now due to people not wanting to travel due to the COVID-19 outbreak. There is often some misconception that green card holders cannot stay outside the US for more than 6 months, but there is no such rule.

Edited May 20, 2020 by newacct (see edit history)

[mahko]

She is in China. Has a reserved ticket for July 3rd with China Air direct from Chengdu to Chicago no stops.

 

Your link for Green Card Holders isn't working.

 

Seems like just having as much proof as possible of ties here is the one thing she'll need differently. That and they say you need to have contact information for your medical provider so they can check on you but from what I've read, the move through customs for a lot of people includes nothing different than a regular entry. I understand she has to be ready for it, but many say they basically just get pushed through.

 

But I just wanted to see if anyone had heard of anything extra.

 

Thanks as always for the replies!!

 

Be safe!!

[Randy W]

She is in China. Has a reserved ticket for July 3rd with China Air direct from Chengdu to Chicago no stops.

 

Your link for Green Card Holders isn't working.

 

Seems like just having as much proof as possible of ties here is the one thing she'll need differently. That and they say you need to have contact information for your medical provider so they can check on you but from what I've read, the move through customs for a lot of people includes nothing different than a regular entry. I understand she has to be ready for it, but many say they basically just get pushed through.

 

But I just wanted to see if anyone had heard of anything extra.

 

Thanks as always for the replies!!

 

Be safe!!

 

That link malfunctioned for me once also, but seems to usually work (but has a .cn URL).

 

https://china.usembassy-china.org.cn/u-s-citizen-services/local-resources-of-u-s-citizens/green-card-holders/

 

Sounds like she's on her way home!

 

Contact information from the link, although I doubt you'll need it. They may be unmanned or otherwise non-responsive anyway.

 

Beijing office:

 

U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services

U.S. Embassy in Beijing

Address: No. 55 An Jia Lou Road, Chaoyang District, Beijing 100600

E-mail: DHSBeijing-CIS@dhs.gov

I-730 Email: Beijing.I-730@dhs.gov

Phone: (010) 8531-3111 (within China) or 011 (8610) 8531-3111 (from the United States)

Fax: (010) 8531-3100 (within China) or 011 (8610) 8531-3100 (from the United States)

Hours of Operation:

Appointments with our office must be made via USCIS’ InfoPASS appointment system here. Please be advised that our office does not take customers on a walk-in basis. All individuals who would like to visit the office must make an appointment and are required to present government-issued photo identification upon arrival.

 

 

Guangzhou office:

 

U.S. Citizenship and Immigration Services

U.S. Consulate General in Guangzhou

Address: 43 Hua Jiu Road, Zhujiang New Town, Tianhe District, Guangzhou 510623

E-mail: CIS.Guangzhou@uscis.dhs.gov

Phone: 020-3814-5880 (within China) or 011-8620-3814-5880 (from the United States)

Fax: 020-3814-5883 (within China) or 011-8620-3814-5883 (from the United States)

Hours of Operation:

Appointments with our office must be made via USCIS’ InfoPASS appointment system here. Please be advised that our office does not take customers on a walk-in basis. All individuals who would like to visit the office must make an appointment and are required to present government-issued photo identification upon arrival.

Edited May 21, 2020 by Randy W (see edit history)

[mahko]

So...I just read that neither the US or China will now allow any flights between countries. China restricted the number of flights from the US to China to the number of flights at a specific date and at that time all flights had been suspended because of the virus. So basically no flights are allowed because at this date no flights were being flown. If 10 flights were being flown they'd allow 10 flights now. So now trump is saying he's not allowing any flights by Chinese airlines to come into the US. Anyone heard anything more about this?

[DocMartin817]

yes it is all over the news -- Stopping China flights June 16th -- I was hoping to leave on China Southern in late June so that plan is now gone. I will also now need to renew my visa and my passport expires in late July. So I am exploring options now. I actually can understand China's reluctance to let US planes fly here now.

In Wuhan restrictions are being lifted systematically. And over 9 million people were tested, including Liwen and myself. My five week trip to visit her family is turning into a pretty long adventure. But we are healthy and doing fine and am getting the best birdwatching here that I have ever had. Lots of life birds!

[Randy W]

Here's the notice from the Embassy - flight restrictions are extended through June.

That pretty well restricts flights in both directions, except for occasional citizen evacuation flights. Trump is simply adding his own layer of smoke. There is still time between now and the 16th to sort out (and/or complicate) that smoke.


Regarding the Chinese restriction,

However, the notice also said that carriers could not exceed the same number of scheduled flights they had operated as of March 12.


Since no U.S. airlines were flying to China as of that date, the notice effectively prevented them from resuming service, something not allowed under a 1980 agreement between the two countries on civil aviation operations, U.S. officials said.

http://candleforlove.com/forums/topic/50020-wuhan-pnuemonia-becomes-covid-19/?p=645330

You can watch the Beijing and Guangzhou consulate web sites for any news of evacuation flights for American residents, but there isn't any news of any more for now, as pointed out in the notice. The evacuation flights allow permanent residents and immigration visa (including K-1) holders, in addition to American passport holders.

I expect the Chinese restriction will continue for as long as the coronavirus thing is a thing.

In my own opinion, Travelocity is the best place to watch for available flights. But remember that the deadline currently extends only through June. Any flight listed in July or later may be subject to cancellation if the restriction is extended.

Edited June 3, 2020 by Randy W (see edit history)

[mahko]

Thanks for the replies!

 

Her flight is July 3rd nonstop Chengdu to Chicago. Air China. I suppose she could fly to another country then take a non Chinese airline to the US.

[amberjack1234]

That seems to be the workaround even during the hight of the CV-19. That is how it got here so quickly and so profoundly. 5 million were allowed to leave Wuhan and had 2 weeks to do it and wherever they landed the US, Italy GB, Australia, and New Zeland the virus exploded. The spread has slowed a lot but with all the riots who knows what the result will be now.

Edited June 4, 2020 by amberjack1234 (see edit history)

[Randy W]

This may help - from China Daily on Facebook

 

Foreign airlines with no international passenger flights to the country currently will be allowed to operate one flight per week starting June 8, the Civil Aviation Administration of China said. #COVID19 #CAAC

 

 

https://www.facebook.com/191347651290/posts/10158514344186291/

 

 

https://www.facebook.com/191347651290/posts/10158514344186291/

[Randy W]

A little more about the June 8 changes, from the Sixth Tone

 

China to Punish, Reward Airlines Based on Passengers’ COVID-19 Tests

Air carriers may see their flight frequencies reduced if passengers test positive for the coronavirus upon arriving in the country.

 

Responding to China’s cutback on flights, the United States announced a similar measure Wednesday that prohibits all Chinese carriers from operating scheduled passenger flights to and from the country beginning June 16. The new measure will affect more than half a dozen Chinese airlines, including Air China, China Eastern Airlines, and China Southern Airlines.

On Thursday, a spokesperson for China’s Ministry of Foreign Affairs said the CAAC is “seriously negotiating” with the U.S. to address the issue.

 

 

 

. . . and the SCMP

 

China’s aviation regulator backs off from a two-month row with US over American carriers’ access to lucrative US-China routes

• Shares of the country’s three largest state-owned carriers were mixed in Hong Kong and Shanghai bourses after the US decision overnight
• The Chinese aviation authority, responding to the industry’s lobby, will relax some restrictions from June 8

Edited June 4, 2020 by Randy W (see edit history)

[DocMartin817]

Now the flight war seems to be off again. So China will start to allow some US flights and US will continue to allow some Chinese airlines to fly. The whole picture is still pretty murky, but looks like things may straighten out in July. Hopefully before my passport expires. The good news is Beijing is now allowing people who fly in from Wuhan to not have to be quarantined for 14 days. So the restrictions are gradually coming down.

[Randy W]

Here it is from the DOT

 

 

 

U.S. Department of Transportation Modifies June 3 Order Regarding Chinese Carriers

Friday, June 5, 2020

The U.S. Department of Transportation took regulatory action on June 3rd in response to the failure of China to permit U.S. carriers to perform scheduled passenger air services in accordance with China’s obligations under the U.S.-China Air Transport Agreement.

On June 4th, the Civil Aviation Authority of China (CAAC) responded by revising its restrictions to permit U.S. carriers the ability to operate one flight per week each. As a result of China’s willingness to permit U.S. carriers the opportunity to operate one weekly passenger flight each, the Department revised its June 3rd Order today in order to grant Chinese carriers, in aggregate, the right to operate two weekly passenger flights to the United States. See: https://www.transportation.gov/briefing-room/notification-and-order-disapproving-schedules.

 

"In aggregate" !!?!

[Randy W]

Yep! That means only TWO flights per week from Chinese airlines

 

China Part 213 Order Amendment Final 2020-6-3

 

We therefore conclude that the public interest now requires the modification, effective immediately, of Order 2020-6-1 to permit the Chinese carriers currently providing scheduled passenger air services between the United States and China, in accordance with the schedules that were filed pursuant to Order 2020-5-4, to operate, in the aggregate, a total of two weekly round-trip scheduled passenger flights to and from the United States. CAAC may communicate

to the Department by letter which carrier(s) it selects to operate each or both of these two services. This selection may be modified with 30 days’ written notice to the Department in advance of the proposed operations.

As the Department stated in Order 2020

 

1. We modify Order 2020-6-1 to permit, in the aggregate, two weekly round-trip scheduled passenger operations to be operated by one or two of the Chinese carriers currently operating scheduled combination service to the United States in accordance with the schedules filed pursuant to Order 2020-5-4;