Entering US with expired reentry permit after recent visit - how risky?

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Filipok

Registered Users (C)
I am a Permanent Resident and have been living in Europe since April 2008 due to personal circumstances. In September 2008, I came to the US to apply for a Reentry Permit, then came for fingerprinting in October, then received my RP in November. RP was sent to my address abroad. I haven't been to the US since then. My RP is still valid, but I have to stay abroad until December this year which is after the point when it expires.

I am going to spend a week in the US this september, entering with a still valid RP, then go back abroad. How risky would it be for me to move back to the US in December with an expired RP, but technically having been abroad for about 3-4 months since last departure? My second option is to try and get a second RP - apply in September, send my current RP with application, then come back to the US for fingerprints in October without a valid RP, then leave and wait for a second RP abroad. In this case RP may or may not be issued and if issued, I may have to wait for it until after December.
 
You will be ok since, you will be out 3-4 from last departure, no need to get the RP for that. Make sure you are here in September to be in the good books.
 
I know that technically it should be ok - 3-4 months from last departure. However, I'm only going to the US for about a week in September which is why i'm worried. When I finally move back to the US, which will probably be end of November or December, my reentry permit will have expired and if border control want to get me in trouble whey will.
 
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You would have used your RP in September after the long absence. I am assuming you will be leaving the US without the intent to abandon your US residence in September as your intent is to come back within 90-120 days after you leave the US in September as mentioned in your query.
 
RP is a multiple entry document as far as I know.

No, i don't intend to abandon my residence. I just want to get some idea about the risks involved. How often do people get their green cards revoked in these situations? Is there any information online regarding this?
 
RP is multiple entry document, but it will be expired in Dec as you say and you will be using the GC to enter. I don't think your situation warrants any requirement of getting another RP, worse case scenario if you get a Anal officer at POE is getting send back to secondary for additional questioning, the chances for you getting your GC revoked are right next to nothing if you come back in Dec after departure in September.
 
Just curious that if you were pulled over to secondary inspection, how woud you explain your reasons as 'personal'? I am just curious I am not being facetious. Possibly in a similar situation for a short term period.

Second..I was wondering:

Does one 'draw more attention' to self by travelling multiple times in and out with a RE permit over a 2 year period as opposed to staying out for a longer period of time?
 
vandeluca said:
Just curious that if you were pulled over to secondary inspection, how woud you explain your reasons as 'personal'? I am just curious I am not being facetious. Possibly in a similar situation for a short term period.

Second..I was wondering:

Does one 'draw more attention' to self by travelling multiple times in and out with a RE permit over a 2 year period as opposed to staying out for a longer period of time?
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The main reason is that I've been trying to find a job to move back to the US, but the job market hasn't recovered yet so it's difficult. That's why I chose to stay abroad for some time where I have a steady job.

My opinion is that there has to be a balance between going too often and drawing attention and staying away too long and drawing attention. I hope I can find this balance.
 
You're working abroad? That's a big no-no. You definitely should apply for a second reentry permit when you return.
 
Here is my experience.

- I entered in US on May 20 2010 ( a week before my REP expiry date). I was asked couple of questions regarding this and 2 year absence but they let me go without sending me to secondary inspection. I left US on June 23rd.
-I again entered US on Aug 13 ( after 50 days from last departure). This time I had expired REP but they questioned me a lot and send to secondary for further inspection as my REP was expired. Secondary Inspector looked at my case, questioned again for my previous trips outside US but finally let me go.
 
abc_xyz said:
Here is my experience.

- I entered in US on May 20 2010 ( a week before my REP expiry date). I was asked couple of questions regarding this and 2 year absence but they let me go without sending me to secondary inspection. I left US on June 23rd.
-I again entered US on Aug 13 ( after 50 days from last departure). This time I had expired REP but they questioned me a lot and send to secondary for further inspection as my REP was expired. Secondary Inspector looked at my case, questioned again for my previous trips outside US but finally let me go.
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Thanks! What airport was it if you dont mind me asking? Di you actually show your expired RP when you came back in August?
Did they at any point ask for your passport or did you just show RP and green card?
 
Filipok said:
Thanks! What airport was it if you dont mind me asking? Di you actually show your expired RP when you came back in August?
Did they at any point ask for your passport or did you just show RP and green card?
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I was asked to show for RE permit so I gave him expired on.Passport, GC and later on asked for REP
 
Just an update.

I spent a week in the US in September. They did let me in, but I had to answer some rather difficult questions at the airport. The officer asked me how long I was away. I answered and showed my RP, then told the truth that was only coming for a week and was going to apply for a second RP as well as travel around a little bit and see my friends. He requested my passport, scanned GC, took fingerprints, asked a few questions and then held on to my documents and gave me a number. Then I was asked to wait a little bit near the customs area and put my bags aside. After waiting for a few minutes, I was asked a few more questions about my circumstances by another officer. He warned me that I had to decide and move to the US if I want to keep the GC, then gave me my documents. No special stams or notes on them, just a regular stamp on my RP. I don't know if that was a formal warning or even a secondary inspection. The line wasn't long so the whole inspection took me less than 30 minutes.

I entered the US and applied for a second permit, sent the current one with my application. I intend to move there sometime in December-January. Because it's going to be within 6 months of my last departure from the US I'm not sure if it's worth coming back for biometrics and getting a second permit or should I just forget about the second RP, never mind the 400 dollars I spent applying for it, and just concentrate on finishing my business here in Europe and preparing to move to the US?

Any advice would be highly appreciated.
 
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Have you left the US already? IMO, you were given a serious warning, and even though no notes were made in your RP or passport, you don't know whether they made a note in the system. Chances are they did. So, it is a big risk if you left the US without finishing the biometrics, because now you have to re-enter for that, and they might question you at that point. If you don't come for that, then you still won't have an RP when you come in December, and with your previous experience, you will most likely be questioned again. But, if that move will be permanent, and you can somehow show this, you'll have a good chance of allowed in without further repercussions.
 
Filipok said:
The officer asked me how long I was away. I answered and showed my RP, then told the truth that was only coming for a week and was going to apply for a second RP as well as travel around a little bit and see my friends.
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Did they ask how long you were going to stay in the US, or did you volunteer that your plan to stay was only 1 week?
 
Jackolantern said:
Did they ask how long you were going to stay in the US, or did you volunteer that your plan to stay was only 1 week?
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I'm trying to recall what happened. I wasn't asked this question explicitly. It came up in the conversation so I probably volunteered this information. Yes, I know the rule about never volunteering information, but I reckoned they would know anyway from their data about my round trip ticket starting and ending outside the US. I explained the reasons why I was only going to stay for a week. I think I had pretty good reasons that sounded quite convincing from my point of view.
 
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