Moving back to the US later than intended: New re-entry permit? SB-1? Do nothing?

[deepdish79]

Hello,

Here is my situation. Thanks in advance for considering it.

My GC is valid until 2019. For my job with a US company, I was posted overseas in May 2011. Before leaving, I obtained a re-entry permit valid until June 2013 (which is valid 2y+1m after my the date I first "moved away"). While I have been away, I've continued to file income tax, am still employed by the same US employer, maintained a bank account and driver's license, and returned to the US multiple times (for an aggregate total of ~5 weeks) for various reasons. I had originally planned to move back before my re-entry permit expired, but now my employer is hoping to extend the time I will be posted out of the US to Aug 2013, but this is beyond the expiry date of my re-entry permit. A further complication is that my (natural born US citizen, with me overseas) spouse is pregnant and is due to have the baby at almost the same time as my permit expires, so our freedom to move around will be limited.

What are my options? So far I see four choices, and would appreciate advice.

1. Turn down the job extension and move back to the US as soon as possible.

2. Visit the US before my re-entry permit expires (in March/April, for example) to set up an apartment, go back overseas to complete my contract and have the baby, then return at that point. I would therefore have already established a US residence. Would I even need my re-entry permit at this point? When do I go from needing a re-entry permit to being able to say, "I'm leaving the country on a two month trip", and using my GC to get back in? (This is a very confusing point to me in general: since I was sent overseas, I've never actually been out of the US for more than 6 months consecutively...did I even need the re-entry permit in the first place?)

3. Do not return to the US in advance. Give up my GC and apply for an SB-1 at the overseas consulate, possibly citing medical need (pregnant wife). Move back in Aug. Reapply for GC.

4. Do nothing. Move back in August, re-entering on my GC. Even with expired re-entry permit, I can show that I've been back to the US multiple times, all within six month periods.

My order of preference would be #4, 2, 1, 3, but I don't know about the legality of all of these approaches!

In addition to approval at the port of entry, I am equally worried about falling out of status and finding out a few years later when I apply for citizenship that I made some sort of mistake here.

Best regards.

 

[cafeconleche]

Forget the SB-1. It's difficult to get, and I doubt you'd qualify. If you've been going back and forth, you might as well make a trip sometime before your ultimate return in August of next year so that you won't have a 6 month gap. Remember that CIS sometimes lumps your consecutive trips together to allege it was one big trip. However, if you've no intention of applying for citizenship anytime soon, it won't be too much of an issue because you're married to a US citizen, you're working for a US company on a temporary overseas contract (with a fixed end date), and you have been making trips to the US. The fact that you got an RP is not a waste, because even if you don't stay out of the country continuously for over 6 months, it proves your intention to maintain residence. I think option 2 will work, without the need to get an apartment before hand (though, this might be useful to have).

 

[deepdish79]

Hi,

Thanks for the advice. What still confuses me are the definitions/rules surrounding the re-entry permit. For example, it seems to me that if I have a re-entry permit and it expires, I'd want to hide it completely and try to re-enter on my GC alone. I would think that an EXPIRED permit would be worse than no permit at all.

I guess my question is, would a CBP agent consider the expired permit as an immediate trigger to disallow entry and revoke the GC, or is it still at their discretion to allow me to re-enter the country as a PR?

Regards.

 

[Jackolantern]

Thanks for the advice. What still confuses me are the definitions/rules surrounding the re-entry permit. For example, it seems to me that if I have a re-entry permit and it expires, I'd want to hide it completely and try to re-enter on my GC alone.

If the permit is expired, you shouldn't try to use it.

I would think that an EXPIRED permit would be worse than no permit at all.

No it's not. If anything it's better that you had it, so they can see that most of your extended absence was covered by a reentry permit.

I guess my question is, would a CBP agent consider the expired permit as an immediate trigger to disallow entry and revoke the GC, or is it still at their discretion to allow me to re-enter the country as a PR?

They might see in the system that you got a permit which has expired, but that is not a basis for refusing entry or revoking your GC if your GC is unexpired and you last left the US less than a year ago.