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Re-Entry into USA with a Re-Entry (less than 2 years outside USA)

Discussion in 'Life After The Green Card' started by sunasha2001, Apr 3, 2017.

  1. sunasha2001

    sunasha2001 Member

    Background:
    1. Parent have a green card valid until 2024. (Issued in 2014 and valid for 10 years)
    2. Parent have a two year Re-Entry permit issued in Jan/2016
    3. Parent left USA in Jan/2016.
    4. Parent planning to return to USA sometime this year
    5. Parent filed USA taxes for 2016 already. Received tax transcript.

    Questions:
    1. Do you foresee any problems at the airport on returning to USA with a green card and Re-Entry permit ?
    2. Can anyone share their experience of coming to USA with a green card and Re-Entry permit ?
    3. What documents do you recommend to carry that can be seen at the airport (Tax transcripts, etc,.)
    4. Any other suggestions ?
    Thanks,
     
  2. Pierre82

    Pierre82 Well-Known Member

    Hi Sunasha,

    I'm not an expert on this process but if your parent returns before the end of the reentry permit, then there is no kind of problem or issues to return to the U.S. The reason for the reentry permit is to be outside of the U.S. for an extended amount of time up to 2 years, if approved and return to the U.S. with no problem.

    You can also check the USCIS website for further info https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

    the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.
     
  3. sunasha2001

    sunasha2001 Member

    Thank You !
     
  4. connectMohan

    connectMohan New Member

  5. Pierre82

    Pierre82 Well-Known Member

    Welcome and best of luck
     
  6. abumiqdad

    abumiqdad Member

    Are you a citizen ? If not, are you included in the Re-Entry permit? (unless it is just your parents travelling)

     
  7. mrtPL

    mrtPL Member

    Hi: I have a quick question.
    I just got my GC in DV2017 Lottery, and I would like to go abroad (Australia, Spain, Poland) for 8/9 months. Do I need to file any paperwork to do that? Can I be denied entry after such long stay abroad?
     
  8. Pierre82

    Pierre82 Well-Known Member

    Please read below and I might recommend you get the re entry permit, since you are going to be out for 8 months and you might want to have a back up plan for any situation that could keep you outside of the U.S. and adding more time to those 8/9 months.

    What if my trip abroad will last longer than 1 year?
    If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” page.

    Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.
     
  9. Pierre82

    Pierre82 Well-Known Member

    Congrats on your DV Selection @mrtPL I'm still trying luck with it hehe.
     
  10. mrtPL

    mrtPL Member

    Thanks Pierre82! And good luck to you!

    Do you happen to know how long it takes to obtain the permit? I am planning to leave mid Decemeber.....
     
  11. mrtPL

    mrtPL Member

    Also, what is the maximum period of time I can travel outside the US and not have to apply for the reentry permt?
     
  12. Pierre82

    Pierre82 Well-Known Member

    They don't provide an exact time for processing, but its between 1 to 4 months. You need to be in the country as well in order to complete biometrics. I recommend you submit your application as soon as possible.
     
  13. Pierre82

    Pierre82 Well-Known Member

    The max time you can be out of the U.S. is one year without the reentry permit.
     
  14. abumiqdad

    abumiqdad Member

    For re-entry permit, allow yourself at least 6 weeks AFTER your form is received by the service center. Usually it could take up to 2 months till you get to the biometric stage. So try to leave yourself plenty of time else you might have to change your flight etc.

    And while it is still considered as allowed to leave the USA for up to 364 days, you might get a hard time at your Port of Entry explaining why you went out for months and you have to make sure you show enough ties to the USA (filing tax, get SSN, drivers license, etc)
     
    Pierre82 likes this.
  15. cafeconleche

    cafeconleche Registered Users (C)

    You have to send the application while IN the US, and you'll either have to wait for the biometrics appointment, or return for it. That happens like a month or more from them receiving the application. You can ask for the permit to be sent to a US mission abroad, but if you'll be moving around that would be difficult. If someone can check your mailbox in the US, or you provide a friend's address, they can send it on to you abroad with FedEx.
     
    Pierre82 likes this.
  16. Pierre82

    Pierre82 Well-Known Member

    Thanks for sharing this additional info @cafeconleche
     

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