Re-enty permit after absence of one year

M

mouneim

Member
Hello
I am a green card holder through DV lottery, i have made my first entry last march 2015, i spent inside usa only one week, i have applied an obtained GC and Social card, after that i have left the country and planing to make a second entry before 360 days (next March 2016), then to leave again for two years (I-131):
my question; do you think my re-entry permit application can be honored? i mean, is it a commun practice to apply for re-entry permit after a long absence following the first entry? especialy that i dont have convincing reasons ?
are the supporting documents highly required for my case?
thank you
 
Your first permit after about a year abroad will most likely be approved, and maybe later even a second permit. After that, it usually gets difficult. You will have to come back for at least a few weeks to do the fingerprinting (or, leave the country but come back for fingerprinting).
 
mouneim said:
Hello
I am a green card holder through DV lottery, i have made my first entry last march 2015, i spent inside usa only one week, i have applied an obtained GC and Social card, after that i have left the country and planing to make a second entry before 360 days (next March 2016), then to leave again for two years (I-131):
my question; do you think my re-entry permit application can be honored? i mean, is it a commun practice to apply for re-entry permit after a long absence following the first entry? especialy that i dont have convincing reasons ?
are the supporting documents highly required for my case?
thank you
Click to expand...
Separate from obtaining a Re-entry Permit is, of course, that you may be found to have abandoned LPR status if you:
  • failed to file US income tax returns while living outside of the United States for any period or
  • declared yourself a “nonimmigrant” on your U.S. tax returns.
 
Thanks for your input
You mean that i have to fill tax during the next two years after obtaining rentry permit? Or, do you mean that i risk to not get RP honored because of not filling tax this year?
Please clarify
 
mouneim said:
Thanks for your input
You mean that i have to fill tax during the next two years after obtaining rentry permit? Or, do you mean that i risk to not get RP honored because of not filling tax this year?
Please clarify
Click to expand...
You are very welcome. Requirements to maintain LPR Status are quite clear and inter alia do include the following watch-outs:

"You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:
  • Move to another country, intending to live there permanently.
  • Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
    • The reason for your trip;
    • How long you intended to be absent from the United States;
    • Any other circumstances of your absence; and
    • Any events that may have prolonged your absence.
    • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
  • Fail to file income tax returns while living outside of the United States for any period.
  • Declare yourself a “nonimmigrant” on your U.S. tax returns."
Source: https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence
 
Just out of interest, how long would mouneim now need to stay in USA before applying for a re-entry permit? [given the initial long absence in 1st year after activation].
 
You can apply any time, even the same day you enter the US. The instructions say that if you've been out of the US for 4 out of the last 5 years, the permit will be limited to 1 year, but I was once issued a 1 year permit even with less than that time spent outside.
 
thanks Cafe, i know you are meant to be in USA to file the form, but can i apply for the reentry permit before i arrive in USA to expedite the waiting time for the biometrics? is it normally a 4 to 6 week wait for the appt.?
 
No, you cannot. If they notice, it WILL be rejected. Wait till you land in the US before you send in the application. Ideally, wait an extra day.

Not sure how long it takes these days, but if you follow the expedite process in the instructions, it could come faster. If you have a reason that could work, write a cover letter, and if you have any documents to support, include them.
 
To share my experience
I have landed on 5th march, i sent the forms on 7th, recieved on 8th then i left the country on 9th.
I recieved recieve notice after arround on week (through a friend who lives in usa). And today 31 march i recieved the biometrics appointment letter for 13th april.
My children are under 4 yo and they also recieved the biometrics appointment letter.
Do you think my children will be also fingerprinted? Is there a way to skip from it? (Dont want to pay air tickets again for them :)
Plz advise
 
Mouneim did they ask you at poe about why you had a return ticket as you were just there for 4 days? Did you tell them u were applying for a reentry permit? Also, do u have to carry the notice on you to the biometrics appt or is it ok if ure friend tells u the date over the phone?
 
I think they will be photographed, not fingerprinted, so they will have to come. Before, photos were sent with the application, but it seems they now take the photos themselves for most applications.

I haven't applied for anything with CIS in years, though, so maybe someone can corroborate whether children are supposed to get the notices nowadays.

You need to take the biometrics letter, or a copy at least. Also, even if your date is set for the 13th, you might be able to go in early, and also go to a different service center, but this is not a guarantee - it depends on the person at the gate.
 
james mathers said:
Mouneim did they ask you at poe about why you had a return ticket as you were just there for 4 days? Did you tell them u were applying for a reentry permit? Also, do u have to carry the notice on you to the biometrics appt or is it ok if ure friend tells u the date over the phone?
Click to expand...

We entered as a familly with kids..i think thus they did not want to make us suffer..officer only asked when did we leave the us last time, i replied that it was on last march..near to one year..and i continued explaining that we required more time to prepare our selves..officer did not ask anything further though we had a return tickets.
2- you need to bring original appointment letter to the asc for fingerprints. It has a barecode to simplify the task.
 
I called the application center, they confirmed that minors under 14 yo do not require to do biometrics and there is no need for them to appear at the ASC on the day of the appointment.
 
Despite attaching 2 photos along with the I131 form,my kids have recieved their appointment letter as well and are requested to appear at the application support center for biometrics.
Biometrics for minors means taking ONLY pictures for them at the ASC ( they are not fingerprinted).
 
You must log in or register to reply here.
Top