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Returning Resident Visa Questions

Discussion in 'Life After The Green Card' started by hsroymalai, Dec 28, 2009.

  1. hsroymalai

    hsroymalai New Member

    I am a US citizen living abroad with my husband in his country. He is a permanent resident of the US, and he applied for a re-entry permit before we came back to his country. It has always been our intention to move back to the US, but we are not quite ready for several reasons. His re-entry permit expires in June of 2010. I am now starting to look into the possibility of getting a Returning Resident visa for him, and I have a few questions.

    When should we apply for the visa? Should we do it before the re-entry permit expires, or should we wait and do it when we are actually ready to return to the US?

    He still has plenty of ties to the US: house, bank accounts, bills being paid on time, connections to friends and family, etc. However, I would like more information on the proof that the stay was extended due to circumstances beyond his control. I am working in his country in a field directly related to my degree. Is this enough reason for him to be accompanying me? We are also starting the adoption process of a child in this country. Is that considered a valid reason to stay?

    We will stay for a while no matter what, but I just want to know what his best chances are of getting back to the US.

    Thank you!
  2. Jackolantern

    Jackolantern Registered Users (C)

    Returning Resident Visa is a last resort, and it can only be applied for after other avenues have expired. If he applies before the expiration of the permit, they will tell him to return using the permit before it expires.

    If it is refused, his green card is gone. So don't deliberately choose that route. He should plan to return before the reentry permit expires, even if it is inconvenient.
    No. That doesn't prevent him from returning to the US before his current reentry permit expires, and applying for a new permit before traveling again to continue the adoption process. They will be looking for stronger reasons, like having medical issues that make long flights inadvisable or the treatment is unaffordable in the US.

    However, depending on who your employer is, your husband may qualify for expedited citizenship under section 319(b). See http://www.state.gov/documents/organization/79520.pdf. But he still would have to return to the US before the reentry permit expires, to undergo certain parts of the naturalization process (fingerprints, interview, oath).
    Last edited by a moderator: Dec 28, 2009
  3. hsroymalai

    hsroymalai New Member

    Thank you for that information.

    So, if we are able to go back sometime before the re-entry permit expires, what does the timeline need to be for that? Does the first one need to have expired before he can get a new one? Can we start the paperwork here and wait to hear if they need to make an appointment? He would only be able to go back to the US for 2 weeks at most, so I want to time it just right. However, it looks like you are suposed to attach your previous re-entry permit. Any advice you have on the timeline would be greatly appreciated.

    Also, he has no intention of becoming a US citizen. If we are not able to go back to the US and reapply, and if a returning resident visa is denied, could we still start over with a spouse visa and greencard when we are ready to return to the US? I'm just wondering as a very last resort.
  4. Jackolantern

    Jackolantern Registered Users (C)

    The new application can be submitted before the existing permit expires, but he would have to submit the permit with the renewal application. Which means he would have to use the permit to enter the US, then immediately send it in with the application for the new one. The application has to be filed while physically in the US, or they will void it if they realize he was outside the US at the time of submission.

    The new procedures require fingerprinting (biometrics) for the reentry permit, and it takes a couple of weeks to get the fingerprint notice. The appointment date will normally be about a couple weeks after the notice arrives, but he can do a walk-in to get it done earlier. Ultimately it means staying in the US for 2-5 weeks to get it all done, or taking two trips back to the US (one to file the application, another for the fingerprinting).

    Yes, you could redo the whole GC process again, as you are a US citizen.

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