questions regarding re entry permit

Z

zyx2002

Registered Users (C)
Hi,

I will give a brief background before my questions.

I got GC in April 2007 EB3. Due to my mother's illness I left my job and went back to
India in October 2008. I applied for reentry permit and got it from Nov 2008 - Nov 2010.

I came back to US after little more than 2 years but 10 days before expiry of my REP.

On POE the immigration officer at the counter asked me a lot of questions and told me since I have spend more than 2 years outside US, not having a house, not having a family(I am single) in US and not doing a job in US(I am not working) I am not a permanent resident. I pointed out that I have a valid REP and I have come back before REP expiry.

I answered everything the officer asked truthfully. They asked me if I have a house or rent an apartment to which I replied that neither I have a house and nor am I renting an apartment but will stay for a few days with my friend while I find a house on rent.

The officer took me to his supervisor. He most probably made some entries in computer on the basis of what I spoke with him. The supervisor was nice and he said I have a valid REP I am good. But he asked if I am working to which I said since I had to leave US temporarily to take care of my mother I am in no position to work(which actually is true). But I intend to take up a job shortly (in my field of work demand is more than supply so getting a job even during recession is never an issue). He made some entries in computer and stamped my re entry permit.

I filed a AR-11 with new address within 1 week of entry in US. I also applied for REP 1 week after the previous REP expired.

Due to postal problems the initial I-797 with receipt notice was returned by post office to USCIS(since I filed the G1145 I got email notification of my receipt number). I did get the biometrics appointment notice by mail. After I got the biometrics notice I got a status update in my online USCIS case update and also an email to the effect that Post office has returned to USCIS the last notice send on my Re entry permit and I should call USCIS. I called them and told them Post office made a mistake. They didn't deliver the initial notice with receipt number but has delivered the biometrics appointment notice. They opened an enquiry and gave me a reference number. They also took my email address.

I went to an ASC different from the ASC mentioned in my biometrics appointment notice(the ASC where I went was more convenient for me to reach) and completed my biometrics 10 days before the actual appointment date(which is on 14 Jan).

I got an email from USCIS with the following message

Type of service requested:
*-- Non-Delivery of Other Notice


The status of this service request is:

It appears that your biometrics notice was returned to us. HOwever, we have obtained your biometrics therefore, it is not necessary to schedule an appointment and/or send one out. As of this date, your case remains pending, and will be worked according to date order processing.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

Please remember: *By law, every person who is not a U.S. citizen and who is over the age of 14 must submit Form AR-11 AND notify this office of their change of address, within 10 days from when they move (persons in "A" or "G" nonimmigrant status are exempt from this requirement). *To notify this office of a move, visit our website at: www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. *The Form AR-11 can be downloaded from our website or you can call the National Customer Service Center at 1-800-375-5283 and we can order one for you. *Instructions for filing the Form AR-11, including mailing instructions, are included on the Form.


Now my questions are as follows:

1. I got my biometrics done in a ASC different from the ASC mentioned in the appointment notice. Can there be a problem for that. Do I need to go the ASC mentioned in the actual appointment letter and clarify with them if I need to do anything extra.

2. Since a notice has gone back undelivered can it adversely affect my Re entry permit application and cause them to raise RFE or any other issue.

3. My reason for reapplying for REP is to take care of my mothers treatment which is genuine. Can USCIS raise RFE or deny REP since I am currently not working or due to the fact that I mentioned on Port of Entry neither I have a family in US, I am not doing a job in US and neither I have a house nor rent an apartment.
 
You have complete disregard of the laws and procedure set forth by INA and USCIS, as if you didn't have enough trouble at POE and enough notes put into the system, you made another defiant act by going to a different ASC then the one that you were suppose to go to. You did early walk in for your biometrics which in some cases is fine but it seems like you want to do things your way and on your schedule, buddy it doesn't work like that.
With all the complications involved at this point, I'm just baffled to even give you a suggestion.
I think it's best for you to just turn your green card in voluntarily as a second REP doesn't seem like will happen for you.
 
By leaving on another long trip on your second reentry permit right after being warned and hassled at the port of entry, while you still don't have a house/apartment or other significant ties to the US, you are putting your green card at great risk.

If you want to keep your green card, find a job in the US (which according to you is easy to do in your occupation), and then send money to India to pay somebody to take care of your mother. If being there with your mother is more important to you than keeping your green card, go ahead and stay in India for another 2 years, just don't be shocked when they cancel your green card.
 
namecheck, jack,

Thanks very much. My situation is difficult. I cant leave my mother alone in India. I need to be in India to take care of her. But I love USA with my heart and I had to wait for more than 12 years to get Green card. So somehow I have to find a way to preserve my GC for some more time while my mother becomes better.

This is what I am thinking. Your advise will really be valuable.

I will go back and if I don't get REP I will come back before 6 months. Can they create issues in this case?

If my luck clicks and I do get the second REP I will still make trips to US every 5 months for 2 - 3 months to USA in every trip.

Do you think this will be good enough?

Also since I went to another ASC other than the one mentioned in the appointment letter and got the biometrics done will USCIS take any adverse action like reject the biometrics and reschedule or call me for biometrics once again.

Once again thank you from the bottom of my heart for your advice. You have helped me in distress and my prayers to God that you achieve your goals and happiness in life.
 
You don't need to worry about the biometrics. You gave them, and you received a letter acknowledging that fact.

But after the long harassment you got last time, most likely your file has been flagged with a warning in the system, which would cause you to be harassed again after your next long trip (more than 2 or 3 months), possibly with an order to see an immigration judge. If you have to see a judge to defend your green card, your mother's illness will not help your case. If anything, the open-ended nature of her situation and your desire to spend so much time there shows that your stronger ties are to India, not the US. So it is a large and looming possibility that you will lose your green card after your next long trip.

Are there really no other relatives in India who can help to take care of her? Especially if you are sending a substantial sum of money each month to India to pay for her medical supplies and compensate the relative for his/her efforts and perhaps hire a nurse for a few days per week?
 
Jack,

Thanks a lot.I am grateful to you for providing great advice. Unfortunately I have no option but to
be near my mother in India at least for some more time.

When a person has to decide between mother and Green Card what choice can be there. If a immigration
judge is not able to understand even that what can you do. What can you do if you have to deal with such heartlessness?

I will have to go to India and as you say if I have to face the judge I will do so.

But if such a scenario do arise and if the judge does revoke my GC will it mean there will be deportation
proceedings or will time be given to leave US?

Also in that scenario will there be issues later on if I come to US on H1/L1/B1 visas in the future or if I
want to get multiple entry tourist visa.

Thanks again from the bottom of my heart.
 
Tough situation. I'm really sorry to hear about it, as my mom is a slightly similar one (save for the fact that she's a USC). An experienced lawyer can also give you more advice.
 
zyx2002 said:
Jack,

Thanks a lot.I am grateful to you for providing great advice. Unfortunately I have no option but to
be near my mother in India at least for some more time.
Click to expand...
Well, be prepared to lose your green card.

When a person has to decide between mother and Green Card what choice can be there. If a immigration
judge is not able to understand even that what can you do. What can you do if you have to deal with such heartlessness?
Click to expand...
The immigration system is heartless. They frequently separate parents from their children, husbands from their wives. That's just how they operate.

But if such a scenario do arise and if the judge does revoke my GC will it mean there will be deportation
proceedings or will time be given to leave US?
Click to expand...
They give you a date to leave voluntarily. I've never heard of a case of GC revocation for abandonment where they detained and deported the individual (such cases might exist, but I don't see why they'd detain you, assuming you have no prior history of overstay or criminality).

Also in that scenario will there be issues later on if I come to US on H1/L1/B1 visas in the future or if I
want to get multiple entry tourist visa.
Click to expand...
H1B or L1 won't be a problem. Tourist visa could be a problem, if they initiate the revocation instead of you voluntarily surrendering the GC.
 
cafe,

Thanks a lot. I wish and pray that your mother gets well soon.

Jack,

Thanks a lot. From what you say I guess if I don't get REP I will go and voluntarily surrender my GC.

But if I get REP how can they harass me. When they approve REP a person is entitled to be out of
USA for 2 years. Also when you are a permanent resident you are not supposed to work for any non US employer
outside USA. So if a person is outside US on REP and not working how can they object?

And when you are outside USA for 2 years why should any one rent a place unless he or she is very very rich or very very stupid?

I dont understand how they can harass anyone after giving REP as long as bank accounts, credit cards are maintained and taxes are filled properly.

A person with GC is not a slave of America nor should GC be a golden prison.

If they give REP they should allow the person to be away for the term of REP or else they shouldn't give REP at all.

Anyway I am sick and fed up of all these stupid rules for 14-15 years. I followed every rules properly. And what is the result
but unnecessary harassment.

There are millions of illegal immigrants and USCIS doesn't do anything about that. But when everything is done properly and as per the rules they will subject a person to harassment.
 
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re entry permit approved

My reentry permit has got approved. I left USA and is planning to return after 5 months with my new REP.

Next time in POE what kinds of questions I can expect and how best to answer them?

Now that I have a valid REP can immigration officer ask me to go and meet an immigration judge if I enter after 5 months?

In my REP application I have written a detailed note that I am applying for REP since my mother is ill and I need to go to India to take care of her for almost 2 years.
 
Hi,
What is considered as "strong ties" with the US in the eyes of immigration: having a job, owning/leasing property, leaving the US sparingly ...
what else?
 
My inlaws are GC holders adn work for a US company and are posted in India for the US company. They haev a re-entry permit that expires in May 2011. They cannot come to the US right now as he just had a heart attack and my MIL had her heart valve replaced. They have been told they cannot travel for a few momnths. The permit will expire before they can travel back to the US. Can they apply for a Returning Resident visa at the consulate in India as they cannot apply for a new re-entry permit (I understand thsi can only be done if they are in the US).
 
They should contact their local US embassy, and I'm pretty sure this is a good reason for getting SB-1 visa.
 
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