Port of Entry - JFK with a re-entry permit

They mean somebody who has been outside the US for 2 consecutive years, staying beyond the expiration of the reentry permit. If you're outside the US beyond the expiration of the reentry permit, but you left the US less than a year ago, you don't need a reentry permit nor a returning resident visa.

At this point you don't really have a choice. You can't get a new reentry permit outside the US, and you can't get an SB-1 visa unless you wait until you've been gone for a year. And if you wait for the year to pass and then try for the SB-1 visa, you risk denial of the SB-1 which would kill your green card. Getting the SB-1 after being outside for more than a year is more difficult than reentering at the POE with an absence of less than a year. At the POE you might get through with no questions, if the POE officer doesn't see or care about your long trips. Whereas if you apply for the SB-1 it's a guarantee they will look at your travel history with deep scrutiny.

So realistically, your only choice is to go back to the US before it's been a year, and whatever happens will happen.
 
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>> If you're outside the US beyond the expiration of the reentry permit, but you left the US less than a year ago, you don't need a reentry permit nor a returning resident visa.

Well thats's the whole point. If you read my post, I left US in 2008 AUG and haven't gone back since then. So my first rentry permit expired in Nov 2010 which I never used. Now "technically" I am staying outside period of re entry permit which is the clause in applying for SB1. Am I missing something? The question here is when they count the total absentee period do they count from the day you left or do they count from expiration date of last re entry permit??
Thanks again for your replies. I hope it is still very much positive :)
 
I misunderstood you ... I thought you'd been to the US less than a year ago, but what you're really saying is that your reentry permit expired less than a year ago.

So at this point you have to apply for an SB-1, since you left the US more than a year ago and don't have a valid reentry permit at this time. When apply for the SB-1 you'll have to explain what stopped you from returning to the US before your RP expired, and why you didn't apply for an SB-1 over the past 11 months.
 
Thanks for your reply again.

I will be honest, this is confusing. If first re entry permit only expired in Nov 2010, then I am ovesrtaying my expired re entry premit by 8 months. So why should it be a problem?
SB1 language is very confusing.. it says if stayed outside more than 1 year.. does not associate it with the previous expired re entry permit dates.
The whole SB1 thing only seems like more scurtiny and procedures.. for someone with GC why should they again go thru the whole ordeal of two interviews and medical et al., so much for trying to keep GC and keep the residency valid.. even after filing taxes as resident all along? Really wonder how US treats its own residents and citizens..

Have asked questions to local US consulates but no reply.. not an iota. The ph numbers thay have usually are busy or no one answers..

Wonder if should just take chance at POE. Do they actually take away your GC..? What happens next..? And if you want to surrender GC is that a (better) option..?

Thanks for your replies.
 
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If you stay outside the US for over a year, you are considered to have abandoned your US residence unless you have a valid reentry permit (or if you meet a particular exception such as military service). That applies even if your reentry permit expired one day ago.

The key factor is that you've been outside the US for over a year -- it doesn't matter that it's still less than a year since your reentry permit expired. It's expired, so it can no longer protect you from that one-year rule.

If they wanted to be absolutely strict about it, they could have automatically cancelled your green card after you've been outside the US for over a year and your reentry permit expired. But instead of being so strict, they're giving you a chance by allowing you to apply for an SB-1 visa, enabling you to make your case why your green card shouldn't be cancelled.

If at the POE they don't know about the length of your absence, they'll let you back in. But if they ask or know, you're in problems. They have the right to refuse entry, because after an absence of over a year, the GC is not valid by itself for entry; it must be accompanied by a reentry permit, SB-1 visa, or military/government papers. If they don't refuse entry, they can physically take the card and order you to see an immigration judge who will then decide the fate of your green card.

Surrendering the GC is better than having them revoke it. If you voluntarily and officially surrender it, it will be easy to get a tourist visa after that. But not if they forcibly revoke it after you try to use it.
 
Thanks for the detailed reply. You are correct for most part but I had my initial absence of 2 years covered and protected under N470. In addition to military exception you mentioned there is also another exception/concession of working with US Company/Business interest abroad which is exactly what we filed for with my N470, i.e. preservation of "residence" to count towards naturalization in due course. In short, my argument is if there is no residence there can't be no further grounds for admission under GC/LPR. The N470 approval also categorically states that it "protects my residency (as LPR) and allows to count the period of absence towards residence in the US" for the period approved in N470. This period expired July 31, 2010. So I could argue using this document that I am still within 1 yr period outside US for which re entry permit is not needed.

To be precise, Re entry permit does require you to make trip at least once every year even if you have 2 yrs re entry permit, whicle N470 Approval provides relief from making one trip every year for the period of approval. If that is true then I believe I have a valid case, the only grey area is when 2 yr period expired in july 2010, does it now require me to have another re entry permit to enter.... technically I shouldn't as I am still travelling within one year of 31 July 2010! If you were IO and POE and I made this argument with docu evidence would you consider this?[/I] :)

Again thats my interpretation and perhaps the CBP officer will still look at it as continued asbecne of over 2+ years out of which at least I can justify the 2 yr period as approved by USCIS via N470.

Does that make sense?

Again agree with you that they wouldn't necessarily know the period outside US unless they wanted to scrutinize it.

At this point I am still debating whether to travel or opt of GC surrender and tourist visa which starts the whole thing for me from scratch!! So any mroe suggestions or feedback you would have would certainly help to asses further risks..

SB1 I am told is extremely difficult and guess what if SB1 is denied you can't go for non immigrant visa either. :) its like either they catch you abroad or they catch u at POE? :)
 
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The N-470 doesn't protect your green card; it it is specific to protecting your continuous residence for naturalization purposes. For preserving the green card you need a reentry permit. But that distinction is irrelevant now, as both your RP and N-470 have expired.

To be precise, Re entry permit does require you to make trip at least once every year even if you have 2 yrs re entry permit, whicle N470 Approval provides relief from making one trip every year for the period of approval.
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Incorrect. With the reentry permit you don't need to make a trip once per year; you only need to make one trip to return before the permit expires. N-470 doesn't protect your green card, so it's irrelevant here. N-470 only comes into the picture if/when you apply for naturalization.

Again thats my interpretation and perhaps the CBP officer will still look at it as continued asbecne of over 2+ years out of which at least I can justify the 2 yr period as approved by USCIS via N470.
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When applying for the SB-1 visa, you can make that case. But not at the POE. After you've been outside the US for over a year, the rule is that they're not supposed to admit you unless you have another relevant and still-valid document such as a reentry permit, SB-1 visa, or military/government papers. That rule applies even if you had a reentry permit valid for 99% of the time when you were away. If the POE officer knows about your absence of over a year, it's 99.9% sure that you will be refused entry or sent to an immigration judge unless you get the SB-1.

SB1 I am told is extremely difficult and guess what if SB1 is denied you can't go for non immigrant visa either.
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The second part is correct*. If you apply for an SB-1 visa, that shows that you're trying to get back into the US as an immigrant. Whereas if you surrender it, that shows you're not interested in living in the US. But I wouldn't classify the SB-1 as "extremely difficult" to get.


*except for dual-intent visas such as H1B or L1 where immigrant intent doesn't matter
 
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Pls help me,
i got my GC in march 2011 wt my wife n daughtera tru dv program.I left US in april afta 6wks stay.I want to return finaly by sep 2011 (5 mnths outside US)PLS wat r d documents i need come with to avoid any problem @ my POE(Chicago) as wel as posible questns i might face?
I left for nigeria to have my transcript 4warded for evaluatn,quit my job and allow my wife to get a job & stabilise b4 i come to stay finaly.Pls advise and hint me
 
Anyone ever had a problem re-entering with re-entry permit?

We all know that re-entry permit does not guarantee admission back to the United States. However, have anybody heard of any case when somebody had big problem re-entering the country while his/her re-entry permit was still valid?
 
DS117 re-entering the US

I went to live in the states with my father in March 1998. I visited Jamaica in 1999 and return to the States. In 2005 when I was 15, I came back to Jamaica for a visit. However, I did not came down on my green card. My Mother took me to the embassy and the officer she spoke to told her that I would be given a letter of transportation which would allow me to re-enter the states.

He said however that she should bring in the customs form and a letter from my father. She could not find the custom form and she and my father were not on speaking terms. Based on that, I did not return to the States I completed High school in Jamaica and started working.

I did not know about the DS117 form until my cousin brought it to my attention. I have completed same and is about to submit it to the US Embassy.

what are my chances of re-entering the states because I had not control over my overstaying in Jamaica.
 
Wolmerian said:
I went to live in the states with my father in March 1998. I visited Jamaica in 1999 and return to the States. In 2005 when I was 15, I came back to Jamaica for a visit. However, I did not came down on my green card. My Mother took me to the embassy and the officer she spoke to told her that I would be given a letter of transportation which would allow me to re-enter the states.
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Why didn't your father send the green card to Jamaica back in 2005/2006?

He said however that she should bring in the customs form and a letter from my father. She could not find the custom form and she and my father were not on speaking terms. Based on that, I did not return to the States I completed High school in Jamaica and started working.

I did not know about the DS117 form until my cousin brought it to my attention. I have completed same and is about to submit it to the US Embassy.

what are my chances of re-entering the states because I had not control over my overstaying in Jamaica.
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Your green card is dead. They're not going to reinstate it now after you've been gone for 7 years. Now that you're 21 or 22, you can't claim that your long stay in Jamaica was beyond your control, as you didn't contact the embassy to attempt to return when you were 18 and therefore no longer a minor under parental control.

However, you might be able to claim US citizenship if your father became a US citizen before you left the US in 2005 and you were still living with him in the US after he became a citizen. But this would require proof of your father's US citizenship, and if he wasn't willing to send your green card to you in 2005, would he be willing to send his citizenship papers to you so you can apply for a US passport?
 
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