Green-Card holders who've been allowed entry to the US after a long absence-Post your experience
- Thread starter s.brody
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2014hopeful
Registered Users (C)
I first entered the US in July 2014 to activate my green card. I applied for a re-entry permit and I then left in September 2014. My re-entry permit was eventually granted and I picked it up at the London Consulate in about November 2014. Interestingly, the consular officer told me that I could stay out of the US with the re-entry permit for two years from the date of its issuance (which was about two months after I had actually left the US). The implication was that, if I'd wanted to, I could have stayed out of the country for about 2 years and 2 months with that re-entry permit.
I returned to the US in June 2016. I stayed only for two weeks before leaving again and finally returning to live here permanently in July 2016. During both of those entries into the US (June and July), I showed my re-entry permit. Nothing was said, no questions were asked and I was simply stamped into the country. I have since left the US a further three times for work and holidays and have not carried the re-entry permit with me (which has now expired anyway). No one's ever asked me anything about my residence in the US, or my intentions, even when travelling with my partner, who has an H1-B visa.
I returned to the US in June 2016. I stayed only for two weeks before leaving again and finally returning to live here permanently in July 2016. During both of those entries into the US (June and July), I showed my re-entry permit. Nothing was said, no questions were asked and I was simply stamped into the country. I have since left the US a further three times for work and holidays and have not carried the re-entry permit with me (which has now expired anyway). No one's ever asked me anything about my residence in the US, or my intentions, even when travelling with my partner, who has an H1-B visa.
RejectedSpark
Member
I'd appreciate if anyone else out there has experience with this. My fiancé is a green card holder and applied for a re-entry permit. Made the appointment and got everything signed off, listing the mailing address of the final paperwork as our address in Australia. Months later when it still hadn't arrived he called USCIS who said it was in Washington because they don't send outside of America (something we weren't aware of, and sounds contradictory to what @2014hopeful experienced). We're hoping to move later this year, but are nervous about how he'll be treated trying to cross the border (time out of the country will be about 20 months by that point).
Further calls to USCIS and we've been told the final paperwork isn't really necessary, and that the re-entry is noted on his 'file' (or something along those lines). We're not too confident in this assurance.
If anyone has experience with being granted a re-entry permit, but not actually having the last piece of paper when returning, I'd really appreciate hearing your story. Otherwise, I'll just leave this here as a caution to others that the biometrics and sign off appointment is not the end of the process. You (may) still have to hang around in America long enough for that last piece to arrive in the mail.
Further calls to USCIS and we've been told the final paperwork isn't really necessary, and that the re-entry is noted on his 'file' (or something along those lines). We're not too confident in this assurance.
If anyone has experience with being granted a re-entry permit, but not actually having the last piece of paper when returning, I'd really appreciate hearing your story. Otherwise, I'll just leave this here as a caution to others that the biometrics and sign off appointment is not the end of the process. You (may) still have to hang around in America long enough for that last piece to arrive in the mail.
Sm1smom
Super Moderator
Nope, it isn't necessary nor is one required to remain in the US to pick up the re-entry permit. There's no contradiction in your fiancé's experience and that of @2014hopeful except your fiancé's major mistake in listing a personal mailing address outside of the US for pick up - like they rightly told you, it doesn't get mailed to a personal address outside of the US. The pick up address in this case should have been a US embassy in Australia, and the embassy would have contacted your fiancé when it was received.
As to how your fiancé will be treated at the POE without the actual re-entry permit on hand, that I don't know. However, I will suggest he holds the NOA received by your fiancé following the reentry permit's submission and the stamped bio notice as additional prove he did apply for a reentry permit. If he has a copy of the submitted form, he should also hold it - this will support his claim of inability to get the approved reentry permit because he listed a foreign address. In addition, if he had a documented communication from USCIS confirming the paper document itself isn't really necessary since reentry is marked on the file CBP will see when he tries to re-enter, that would be great.
I do hope you or your fiancé will return to let us know how the process went.
2014hopeful
Registered Users (C)
Agreed. This was his mistake. Form I-131 only gives you the option of having the re-entry permit sent to an address in the US or picking it up at a US embassy/consulate abroad.
As @Sm1smom said, take with you as much information as possible. Create a paper trail if you can. While I was waiting to pick up my re-entry permit from the London Consulate, I was in touch with a representative there by email regarding its arrival. If I were you, I'd send an email to USCIS/the embassy explaining the situation and setting out everything you've been told over the phone and asking them to confirm that the information you've been given is correct. Assuming they confirm that it is, print that email chain and take it with you when you enter the US.
Your fiance's physical re-entry permit must be somewhere. I'd also check with USCIS whether they can forward it to a consulate in Australia now for your collection.
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RejectedSpark
Member
Sorry, there was a mistake in my explanation. Just discussing the responses with my fiancé and he says he filled in the form with the address details of the consulate here in Melbourne. We did track the permit online and called when it listed as 'delivered' in Washington. I would assume its still there. And on that phone call he was told that they don't get sent outside of America. I'm going to have him call again and see if he can get someone who knows what they're doing...
Sm1smom
Super Moderator
Does he have a copy of the submitted form showing the US embassy in Sydney was listed as the delivery address and not your home address?I've never read of a refusal to send the reentry permit to a US embassy.
SusieQQQ
Well-Known Member
USCIS itself specifically says you don't have to be in the US for issuance and receipt and can get it sent to a consulate abroad. https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf
I've not until now seen anyone complain that it was never sent to a consulate as requested.
Sm1smom
Super Moderator
You beat me to it. I was just about to also post the exact quote from the form's instructions where it says:
"A reentry permit may be sent to a US embassy, US Consulate, or DHS office abroad ... if you make such a request when you file your application"
RejectedSpark
Member
Maybe (I hope so!) he needs to go digging through his documents to find out. I know he definitely has a copy of the biometrics sign off.
He called this morning and was told that the misdirected mail was likely USCIS' fault and we'd need to speak to a tier 2 person to sort it out. Tier 2 were not accepting transfers, call back in three hours or another day.
RejectedSpark
Member
And I would have expected they would have rejected his initial application if the address given wasn't a US address or an embassy...?
Sm1smom
Super Moderator
Well not necessarily, the lockbox isn't necessarily checking for the listed address since they're not adjudicating the petition. So once it passes through that stage, it's either an approval or a denial. And if they were to deny due to an incorrect address, you need to remember the fee isn't refundable and I don't think you want to experience a denial at that stage.
Sm1smom
Super Moderator
The important thing is to be able to show the correct embassy address was listed. So he needs to be able to find the original form.
I wouldn't hold my breath about what the first level rep said on the phone. He/she is unable to see his case file to know for sure it was misdirected due to USCIS negligence. The Tier 2 officer will definitely be able to shed more light if you do get to speak with them.
RejectedSpark
Member
That's why I said 'likely'. I was already assuming the tier 1 didn't actually see the form, and is just going on what my fiance told them. We'll do some digging tonight and see if we can find a copy.
SusieQQQ
Well-Known Member
That doesn't seem to tally with what you were told originally?
Anyway good luck and hope it gets sorted out soon.
SusieQQQ
Well-Known Member
I've just looked at the form and it just asks which consulate, if to be delivered to one - you don't need to fill in address details. If he did fill in an actual address, even if it was of the consulate, maybe that's where the confusion arose where the person reading the form saw an address. (Of course they can't be expected to recognize every consulate address). As mom says, if he can find a copy to ensure section 3.6 was ticked then hopefully it can be sorted out quicker.
CC1
Active Member
I thought this was the case too but when my daughter flew from Australia to Hawaii after being out of America mainland for 9 months she was questioned at the border and told she will have to apply at the US consulate in Sydney for a re entry permit. She is very confused as she thought she was able to be out of the US for up to a year, she intends to finish this degree this year and then return to the USA to live. She has done her American taxes and has a permanent address in America with her Uncle. She is renting here in Australia on a short term lease, she had all this paperwork with her evidence documents etc but was not asked for any of it. I was under the impression you can only apply for a re entry permit once within US soil?
SusieQQQ
Well-Known Member
Yup, you have to be in the US to apply for a re entry permit.
I'm not clear about your description. Are you saying she was refused entry, or just that she was warned?
As for the "evidence" she had with her, she should at least have offered it or mentioned the factors verbally - they won't assume you travel with it - though quite honestly she is clearly not currently "residing" in the US so I think in that sense, either way, the CBP officer's assessment is fair. She was obviously on another return ticket out, which the CBP officer would have seen.
And imo she should have applied for a reentry permit initially if she knew she was going to be effectively residing elsewhere for that length of time. Trying to keep a green card by hopping back and forth, even for less than six month periods, isn't a good idea. If you read up on residency requirements you will see that things like using a relatives address when you don't actually live there doesn't really count.
Sm1smom
Super Moderator
If my memory serves me correctly, you activated back in 2015, so the part about being out of the US for up to a year without "without it being an issue" would have been up by Jan 2016 - one year immediately following the GC activation on the basis of going back home to tie up loose ends.
I do agree with Susie, the CBP officer's assessment was just and fair, your daughter should have applied for a re-entry permit. And yes, this can only be done from the US, she cannot apply for it from Australia. She's probably flagged in the system now, so if she's still in the US, she should apply for a re-entry permit before leaving. If she's already left and would be out for more than 6 months, you guys should consider her making a quick trip back ASAP to apply for the re-entry permit.