...and now can I give this back??!!

Got it! I thought this once a year thing was legit.
I think I will apply for the 2 year reprieve. If it gets rejected, I can simply surrender the GC - which leaves me no worse than if I send it back (407 process) to begin with. Am I correct here...or am I missing something....
 
The once a year thing is generally fine if done just once. If done multiple times in a row, you eventually end up like this guy: http://forums.immigration.com/showthread.php?t=304595

The reentry permit must be filed when in the US, and there will be a fingerprint appointment about 2-4 weeks after filing. So either she would need to stay in the US for that much time, or be prepared to go back to the US for the appointment if she travels right after the application is filed (the filing date is normally considered to be the date USCIS receives the application, not the date it is mailed).
 
The reentry permit is to be filed in the US? I am copying from the email sent to me from the Mumbai consulate where I think the import is that I can apply for her in Mumbai itself....
"LPR - SB-1 RETURNING RESIDENT VISA

A legal permanent resident who remains outside the U.S. for over one year without a valid reentry permit has jeopardized his/her legal resident status. If such a person wishes to return to the U.S. as a legal resident, two options exist: obtain a new immigrant visa petition or file an application for a Returning Resident (SB-1) visa. In order to apply for an SB-1 visa, the applicant must come to the consulate in person any business day at 7:30 a.m. and bring the following documents:
a valid passport, his/her green card, completed forms DS-117 (available at http://mumbai.usconsulate.gov/lpr_forms.html) and DS-156 (available at http://mumbai.usconsulate.gov/ivforms.html), one passport-sized photograph, and a bank draft for $400 or Rs.20,000/- in favor of American Consulate General, Mumbai. The applicant must also provide evidence that he/she departed the United States with the intention of returning to an unrelinquished residence and that his/her stay abroad was for reasons beyond his/her control and for which he/she was not responsible. There is no guarantee the application will be approved, and no refunds are available for denied applications. If the application is approved, the applicant will then be scheduled for a second appointment after assembling the regular documentation required of all immigrant visa applicants, such as a medical exam and police certificates. This second appointment will likely be scheduled after two to three months.

When you arrive at our office at 7:30 a.m. to make your initial application, please join the line for pending immigrant visa cases and present this e-mail to the employee outside. Please note that completing the process may require several hours depending on conditions, and you will not be allowed to enter the consulate with any of the prohibited items described on our website at http://mumbai.usconsulate.gov/requirements_for_visitors.html."


I think a reentry permit and an SB-1 talked about above are different things. This is the one I want to apply for. The travelling with an infant, even in Business class, is a killer.
 
husaisa said:
I think a reentry permit and an SB-1 talked about above are different things.
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Yes, they are different things. The reentry permit is applied for inside the US before one starts the long trip, and is a multiple entry document. The SB-1 is applied for after having been outside the US for a year, and is for a one-time use (and it must be used shortly after approval). From your description of the circumstances, the SB-1 is practically guaranteed to be denied.

If you have obtained a US passport for your daughter, she doesn't need a reentry permit or any kind of visa. Only your wife would need one.
 
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Since it is only 10-15 days to her getting past the 1 year deadline, a reentry permit is a no go....SB-1 worth a try? I mean if the husband (i.e. me) has been moved and with an infant...also there are bank accounts, apartments etc and immediate family (me and my daughter) with USC status, all of which argue for strong ties.... Lastly, in your opinion, does getting a fresh GC when we decide to move back becomes more difficult if one has already given up a GC? I have heard conflicting accounts..would like your take.
 
Since it is only 10-15 days to her getting past the 1 year deadline, a reentry permit is a no go....SB-1 worth a try?
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What 10 or 15 days are you talking about? She left the US on December 16 last year. So that still leaves 6 weeks for her return to the US without a reentry permit or SB-1. Then once in the US, she could apply for a reentry permit which would allow her to stay outside the US another 2 years.

SB-1 is a no-go. How do you expect to convince the consulate that the trip being extended beyond a year was unexpected and out of her control? What is stopping her from returning to the US at the end of November or early December?
Lastly, in your opinion, does getting a fresh GC when we decide to move back becomes more difficult if one has already given up a GC?
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Have never heard of the previous GC causing a problem for the fresh one, if the prior GC was officially surrendered. But if the original GC was forcibly revoked or just left in limbo, that could cause a problem in some cases.
 
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Then I guess the only viable course of action is to surrender the GC. (Can't have her travel with an infant by herself, and I am in NY till the end of this month) If she wants to visit the US after that, she can go on her Candian passport, with the proof of surrender. When time comes we reapply for her GC. kapisch.
 
Form I-407 will help for you. Ask your local US embassy about Form I-407. You can fill and submit I-407 at any local US Embassy.
 
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