Re-entering the country after 2 years (no re entry permit)? Need testimonials

C

cinmarion

Registered Users (C)
Hey guys,

I have not been in the US for 2 years and was stupid enough (didnt really know back then) not to file for re-entry permit before I left.

I am now back to move back to the US but obviously I know it might not happen. I contracted an immigration lawyer to give me advice and she told me that the best thing to do was to fly to the US and hope that the immigration officer at the airport would be nice enough to let me keep my green card.

She is going to send the re entry permit application on the day I arrive to the US to prove that I am really serious about moving back and I obviously have reasons for not coming back to the US in 2 years (although they might not be good enough for the immigration officers)

She also recommended me not to arrive in NYC airports as there are apparently much more strict than the other aiports (I lived in NYC for 2 years and that is the place I want to move back to).

HAs anyone ever re entered the country without a re entry permit after more than a year? what is your experience? and what do you think about the best POE to arrive to?


Thank you so much you guys, I really need people who went through this kind of thing. Im trying to be optimistic about my chances but I also need to get prepared to the fact that it might not happen.

Cinmarion
 
cinmarion said:
I have not been in the US for 2 years and was stupid enough (didnt really know back then) not to file for re-entry permit before I left.
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So apply for an Returning Resident visa (SB-1) at a consulate. Or prove that you or your spouse work abroad for the US government or military.

I am now back to move back to the US but obviously I know it might not happen. I contracted an immigration lawyer to give me advice and she told me that the best thing to do was to fly to the US and hope that the immigration officer at the airport would be nice enough to let me keep my green card.
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Won't happen unless you meet the government/military exception mentioned above, or you're lucky and the officer simply doesn't look into the system enough to realize that you were abroad for 2 years and doesn't ask. If you were gone for 13 months they might use their discretion to let you in, but 2 years is way too much for that. They'll either refuse entry, or let you enter on the condition that you see an immigration judge.

The proper place to ask for leniency in your situation is at a US consulate when applying for a Returning Resident visa, not the port of entry or in immigration court.

She is going to send the re entry permit application on the day I arrive to the US to prove that I am really serious about moving back and I obviously have reasons for not coming back to the US in 2 years (although they might not be good enough for the immigration officers)
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A reentry permit application? Are you nuts? At this point what you need to do is convince them that you're not leaving the US again anytime soon; you can't be talking to them about a reentry permit, which indicates that you're planning to leave the US for a long time.

If your plan is to leave the US again for a long time if they let you in, maybe you should officially surrender your green card at the consulate with form I-407 and get a tourist visa instead. If you voluntarily and officially surrender it, it would be much easier to get a tourist visa (or be allowed to use the visa waiver, if you are from a visa waiver country) than if they forcibly revoke it.

Alternatively, if one of your parents became a US citizen before you turned 18, you might be able to claim US citizenship through them if you meet the conditions of the Child Citizenship Act.
 
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Thank you Jackolantern for your reply.

A couple of things, I had initially made an appointment for a returning resident visa but after contacting a lawyer, i was advised to cancel it. the reason is only can you get a positive answer regarding a returning resident visa is the reason you have been out of the usa was "beyond your control". Choosing to leave the USA cause of money problems and then wanting to study abroad (cause it's cheaper than in the US) is not something that was beyond my control. SO the lawyer told me " if you go to that appointment, they'll take your green card away in no time".

I really appreciate you answering my message but i dont appreciate the "are you nuts?". No i am not nuts, i am simply not a professional in terms of immigration laws. that is why i contracted an immigration lawyer. And yes I admit that applying for a re entry permit as soon as I get to the USA might sound a bit weird but that is something I m going to talk to my lawyer about because as you said, i do not want them thinking i want to be leaving the usa again. But apparenly that's what happened with a few of her clients and they did not experience problems. I guess it is just to show the officers that me leaving the USA without filing out paperwork is never going to happen again. (cause what if i just want to go back home for holidays, for a couple of weeks?? what if they think im actually leaving again) but Ill clarify that with her.

And YES I am aware that I am running the risk of not being able to enter the US (I am pretty sure I wrote that down in my initial message) but I did read some previous posts of people who came back without any problem. its 1 chance out of 2. it might work or it might not work, only way to find out.
 
cinmarion said:
Choosing to leave the USA cause of money problems and then wanting to study abroad (cause it's cheaper than in the US) is not something that was beyond my control. SO the lawyer told me " if you go to that appointment, they'll take your green card away in no time".
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At the port of entry or in immigration court, you'll have to make the same argument about circumstances beyond your control. They are more lenient about that at the consulate, as that is the proper place to make your case when you overextended your stay outside the US. Money problems and being unable to find a job in the US without finishing your degree is something you might be able to build a case on for the SB-1 visa. And if you're refused at the consulate, at least you didn't waste your money to travel to the US.

But apparenly that's what happened with a few of her clients and they did not experience problems.
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Did they spend 2 or more years out of the US without a reentry permit or military/government exception, and the officer at the port of entry was aware of the length of their absence? I bet they either spent a shorter time outside the US than 2 years, and/or the officer didn't check their travel history in the system and didn't ask.

And for those who were admitted because of the officer being unaware, for them it's not over. If/when they apply for citizenship, the absence of 2+ years without any documentary record of being eligible for readmission after such a long absence (no reentry permit, no SB-1 visa, no court case etc.) could lead to denial of citizenship and possibly loss of the green card. So if you're lucky enough to be allowed to reenter without an SB-1 visa, it's a good idea to either don't apply for citizenship or wait a really long time like 10 to 15 years when they're less likely to scrutinize this absence.

I didn't mean you were literally nuts, I just said that to emphasize how risky that move would be regarding the reentry permit.
And YES I am aware that I am running the risk of not being able to enter the US (I am pretty sure I wrote that down in my initial message) but I did read some previous posts of people who came back without any problem. its 1 chance out of 2. it might work or it might not work, only way to find out.
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It's not as simple as that. You have a choice between taking a chance at the consulate and taking a chance at the port of entry. Since you're dealing with an attorney, I suggest another opinion (or two or three) from other attorneys.
 
When you arrive at the port of entry, your only chance of being allowed back in without immediate consequences is if the officer does NOT ask you how long you've been out. Of course you shouldn't say anything if you're not asked, but if they ask you, you CANNOT LIE. So, if you're banking on getting lucky by hoping they don't ask you, that's fine. It's a chance you're willing to take, and if that works, great. Just prepare yourself for a possible deportation, or that you're asked to see an immigration judge.

You're right that if you try at the consulate and you're denied an SB1 visa, you can't even try to travel to the US. Though this is the correct route to follow at this point, it's understandable you want to go straight to the port of entry. Again, if so, just be prepared.
 
Thank you for your message.

The thing is I do not know what is the problem with immigration lawyers but they never reply to emails lol I contacted like 4 or 5 and only one answered and she seems really good and as my case is a bit urgent, i just did not bother trying to email some others.
She told me the opposite of what you said, that consulate officers are much more strict. so yeah its a tricky one, but I guess I prefer taking the chance at the POE. Cause I remember when I was at the consulate a few years ago for my green card, none of the consulate officer I had talked you was pleasant. The lawyer told me to apply for a returning resident visa you would need an excuse like " you have been in the hospital most of those 2 years" or something like that and not" you wanted to get more education abroad". Im just following her advice, hopefully she's right.

Facing the immigration officers at the airport is really scary, i just hope they won't "deport" me , that, if they really dont let me keep my green card, they'll just be nice and tell me "nicely" to take a flight back home lol

we'll see. IM trying to be optimistic otherwise i would just give up on my chances now.
 
cafeconleche said:
When you arrive at the port of entry, your only chance of being allowed back in without immediate consequences is if the officer does NOT ask you how long you've been out. Of course you shouldn't say anything if you're not asked, but if they ask you, you CANNOT LIE. So, if you're banking on getting lucky by hoping they don't ask you, that's fine. It's a chance you're willing to take, and if that works, great. Just prepare yourself for a possible deportation, or that you're asked to see an immigration judge.
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Can you pretend not to understand English well and repeat "beg your pardon" several times ?

Actually I see quite a few people re-entering USA with green card but withotu re-entry permit after staying outside
USA for more than 2 years. But they do belong to teh category of the people who (1) indeed do not speak or understand English
well and (2) who do not care if they lose the GC. They foreigbn retirees wgo got GC thru their children's sponsorship.
They came to USA buit really got bored and could not bear it. So they simply use their GC as multi-entry tourist visa.

They don't care when they come to port of entry and tehir attitude is: if you let me in, please let me in.
If you do not let me in, please put me on a plane back at your own expensebecause I do not have a return ticket.
 
Thank you WBH for your message.

I must admit your message quite surprised me because I dont understand why immigration officers would let people who do not speak english keep their green cards.lol I mean consulate officers are supposed to check that your english level is good enough before giving you your green card, right?
I've lived two years in the USA, so I obviously speak english and they would know. and If i were an immigration officer myself and controlling someone who lived in the usa for 2 years and still don't speak english, i wouldnt let them in the country for sure lol
 
cinmarion said:
Thank you WBH for your message.

I must admit your message quite surprised me because I dont understand why immigration officers would let people who do not speak english keep their green cards.lol I mean consulate officers are supposed to check that your english level is good enough before giving you your green card, right?
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Citizenship requires some knowlegd of English while permanet residency does not. Even if you do not recognize first three letter in the alphabet, you can still legally and fairly get a green card
 
Jackolantern said:
"Obviously"? Many people who have lived in the US for 20 years still can't speak English.
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I know and that still surprises me. But as I have a green card and had to go through an interview process to get it (in english) thats why i would "assume" people who live there and therefore are (for most of them anyway) citizens or permanent residents had to go through the same process.

Since I see you a lot on this forum, I assume you know a lot about immigration (dont worry I know you're not a professional). But what are your thoughts on choosing the best airport to arrive at? avoiding big cities such as NYC?
 
cinmarion said:
Since I see you a lot on this forum, I assume you know a lot about immigration (dont worry I know you're not a professional). But what are your thoughts on choosing the best airport to arrive at? avoiding big cities such as NYC?
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Apply to a Canadian consulate for a visitor's visa. Fly to Canada, rent a car, and drive thru the boder control at Niagara Fall to USA
 
cinmarion said:
I know and that still surprises me. But as I have a green card and had to go through an interview process to get it (in english) thats why i would "assume" people who live there and therefore are (for most of them anyway) citizens or permanent residents had to go through the same process.
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For the green card interview, applicants are allowed to bring a translator. And it is often the case that the interviewer speaks the (non-English) language of the applicants. Many consular officers learn to speak the language of the country where they work. And many of the interviewers within the US know Spanish because they come from a Spanish-speaking family.
 
cinmarion said:
why exactly? are there much nicer at the Niagara Fall border?
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Not sure about Niagara in particular, but in general they're more lax on the Canada-US land border than at airports. It's very common for them to let people drive or walk through after swiping their green cards, after asking one question or no questions.
 
The thing is when I lived in NYC, I went to spend a weekend in MOntreal by myself. when i got back (bus), the american border officer was far from being friendly and very suspicious for some reason (apparently its suspicious when a woman goes shopping to montreal by herself for 2 days lol). So im not very keen on going via the canadian border, even though the second time i went to canada by bus, on the way back, the officer (male this time) was very friendly and flirtatious lol
 
Bus passengers are given the third degree. Don't take a bus across the border. To the border, it should be ok. Then, walk across. You can also fly to Toronto and take the train down to Niagara Falls. Across the border in the US, there's a bus that takes you to the airport or the long distance bus terminal.

When you enter the US, if you're lucky, they could ask you how long you've been in CANADA (not "for how long have you been OUT OF THE US), and you could easily say "a few days" or whatever because you wouldn't be lying.
 
WBH said:
I know that is true if you enter Canada from USA, but I am not sure if it is true if you enter Canada from a third country
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No visa required for green card holders flying in from a third country. But they will ask for a passport in such situations, unlike the land border where they often don't ask for a passport once they see your green card.
 
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