Bella Erder fights to return to Norfolk

Text by Kelly Kandra Hughes
Photo by Mark Erder

Norfolk residents since 1997, Bella and Mark Erder have always delighted in the people and community that make our small town of 1,600 such a sought-after place to live. As they both work in Hong Kong at various times throughout the year, they are always happy to return home. However, their most recent trip to Hong Kong became an extended visit, as they have been unable to return to the United States since January, 2020 –  a decision that was not their choice. Bella, who is a British citizen, lost her eligibility to return home when her Green Card (officially known as a Permanent Resident Card) was deemed to have lapsed after more than twelve months since her last visit to the U.S.

Green Card holders are required to return to their residence every six months. If the holder is out of the United States for more than a year, then the Green Card lapses.  The United States government allows no exceptions to this requirement, not even during a global pandemic.

The U.S. government’s stance put Erder in a difficult position with the status of her Green Card. Covid hit while she was in Hong Kong and her cardiologist recommended against travel during such precarious times. In addition, Hong Kong’s Covid-19 protocols were strict, punitive, and subject to change at the government’s will, Erder would need the permission of the government if she were to make the approximately 8,000 mile trip. 

At the start of the pandemic, anyone returning to Hong Kong had to quarantine at home for 21 days. Violating quarantine resulted in prosecution. The Hong Kong government then modified their protocols to require quarantine at a hotel, which the person had to pay at their own expense. Any individual who violated hotel quarantine would be sent to the government quarantine center at Penny Bay immediately, no questions asked. All quarantine hotels have cameras on every floor to monitor compliance. 

After hours upon hours of research and initial legal counsel, as well as requests for help to  State Representative Maria Horn and U.S. Representative  Jahana Hayes, Erder began the process of applying for an SB-1 Returning Resident visa. She found this process to be nothing short of a bureaucratic nightmare, especially considering there was no guarantee a visa would be granted. 

The first step the process was an initial screening interview at the U.S. consulate in Hong Kong to decide whether or not she was eligible to apply for an SB-1 visa. With that interview successfully completed, Erder started gathering all the required documentation such as birth certificate, marriage license, financial statements and tax returns, all of which had to be original copies. Erder points out the irony of this requirement “as the bulk of these are in safe storage in the U.S. and weren’t easily accessible.” On top of stress and irony, there was also humor in that they “had to list every place Bella has lived since the age of 16.”

In addition, there were police clearance checks and the completion of the online application itself, which is multiple pages filled with immigration jargon. A tiny mistake could wreak havoc on the process. “And I speak English,”  says Erder. “I can’t imagine how non-native English speakers manage.” After the application was completed, a second interview at the consulate was scheduled.

Erder says she often wondered if the time, effort, and headaches were worth it. She could always “take her chances” visiting the United States and hope for a lenient border patrol officer. However, since other possible alternatives to that scenario included ending up in a formal hearing with an immigration judge or being transferred from the port of entry to a secondary inspection area for a formal statement where she could end up being detained, Erder opted not to pursue this means of return.

Some friends and family suggested Erder forgo the visa and simply travel to the United States as a visitor. This option would legally give her up to ninety days in the U.S. Although a more viable option than taking her chances and hoping for the best, she had concerns that a health crisis for her or Mark could end up being catastrophic. She didn’t know what would happen to her if she got sick at the end of the 90-day period and she feared having to leave Mark behind if he was the one who got sick.  

Erder says, “I couldn’t just forgo the visa and visit as a tourist, as I would have to formally relinquish my lapsed Green Card and pay the ‘lost’ tax that the U.S. government would deem that I would have had to pay during the balance of my Green Card validity – a whole other rabbit hole of administration

Good news finally came to Erder on Friday, Sept. 17. Her visa request was approved and she has had her passport returned along with the SB-1 visa. She also received a sealed visa packet, which she must carry unopened to an immigration officer when she finally arrives at a U.S. port of entry. She is currently waiting to hear what happens after she enters the U.S., as that hasn’t been made clear and she isn’t sure if he existing green card in the sealed envelope will be returned to her.

“What a costly, stressful marathon this has been, says Erder. But we’re both looking forward to unlocking the door to home and putting our arms around our wonderful Norfolk friends – Covid restrictions permitting!”