Need help on re-entry permit renewal

[vs_2007]

Hi,

Our re-entry permit (first time) expires in October, and am going to visit Us for renewing it. As it stands right now, I see three options in front of us:

1. Both of us go to US, spend one week and then come back. This extends our timeline by one year, which hopefully will give me enough time to decide about giving up (or not giving up) GC. However, does it affect our ability to request second-time REP in future?

2. Both of us go to US for a couple of weeks and apply for REP. It will be difficult to get more vacation time. Don't know if this will give us enough time until the biometrics appointment. Any thoughts, please share.

3. Only I go to the US for a week, and then come back. Wife loses her GC, and I get one year timeline extension for maintaining GC as in #1. If we ever decide to go back to the US next year, will my wife be able to get a returning resident visa based on my ties to the US? I plan on registering a PLLC in my and wife's name, when I am there. Also, I have significant amount in 401k, and maintain a couple of bank accounts as well as credit card accounts (which I use regularly). No owned property there.

4. Same as #3, but with enough time in US to apply for REP. Questions remain the same as for #3.

On a sidenote, I saw that you can apply online for REP via infopass. Can you do that from India? If so, maybe it will help in going for the biometric appointment with shorter stay in the US.

Thanks in advance for help in making the decision!

 

[Jackolantern]

1. No, but if you plan to be outside the US for another 11 months after already being out for 2 years, you can expect hassles at the port of entry if you don't have a reentry permit if they notice your travel history. They could take away your green card and you'll have to plead your case with an immigration judge to get it back.

2. Two weeks is not enough. Biometrics will be about 3-5 weeks after the initial application. However, you can leave the US after USCIS receives the application, and then return to the US for biometrics.

3 and 4. The Returning Resident Visa requires being able to convince the consulate that unforseen circumstances prevented one from returning to the US before completing 12 months outside the US. You don't seem to have a convincing case for that, given that you're considering options 1 and 2 above. Also, with you being outside the US (you're only going to be in the US for a week), that weakens her case for proving ties to the US.

No matter how good your case is, the Returning Resident Visa still rests on the discretion of the consular officers and their decision cannot be appealed. So don't use this route unless you really have to.