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

very interesting post. the interesting part isn't your dilemma, it's the misunderstanding you have in regards to the language requirement of Green Card applicants.

Not sure how long you have lived in the US, and how many immigrants you have known or encountered, but you should already know that when you go in for your appointment, they allow translators to go in with the applicants, which would mean green card holders aren't required to be able to speak English.

Plus, if you know US history at all, you should know English wasn't the ONLY language spoken in the US at the beginning. So don't be prejudice, just because someone whose English isn't up to your standard doesn't mean that he/she doesn't deserve to "live" in the US.
 
greencardasian said:
very interesting post. the interesting part isn't your dilemma, it's the misunderstanding you have in regards to the language requirement of Green Card applicants.

Not sure how long you have lived in the US, and how many immigrants you have known or encountered, but you should already know that when you go in for your appointment, they allow translators to go in with the applicants, which would mean green card holders aren't required to be able to speak English.

Plus, if you know US history at all, you should know English wasn't the ONLY language spoken in the US at the beginning. So don't be prejudice, just because someone whose English isn't up to your standard doesn't mean that he/she doesn't deserve to "live" in the US.
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I have NEVER said that people who do not speak english do not deserve to live in the US!!! I just thought that was one of the requirements to obtain a green card. I got my green card through the lottery and I remember reading about this. So I might have been misinformed and apparently I have but please do not put words in my mouth that I did not say

I lived in a few different countries and know what is to be a foreigner/immigrant, whatever you want to call it, so I would never say that people do not deserve to live in a country just because they don't speak the language very well.

But I am definitely surprised by that fact though, since to me a green card is one of the first step to citizenship and there is an english test when you apply for citizenship right? I hope I'm not misinformed about this as well. But thats it, surprised does not mean that I'm against people who do not speak english very well.

So please refrain yourself from making statements about stuff that I did not say.
 
My aged parents are in somewhat similar situation as OP. They will be completing 12 months in India in September... so they plan to return to US before that. However, there is a wedding in November they want to attend and will have to go back for a week. Since they are both over 75 years age, I was hoping I could find some compassionate-flexibility in the process that will permit them to return in 15 month period. They cannot afford to take the risk of showing up at airport and hoping the officer will let them in... they cant bear immediate long travel back if that happens. So... i contacted consulate General in India who asked me to speak with USCIS.... i called them (got connected in under 5 minutes)... and the lady i spoke with was very patient and knowledgeable. She clearly told me that our only chance would have been the Re-entry permit but to file that that, you need to be in US.

Above comments on entering through Canada sounds like an avenue but definitely not something I would consider risking given the old age of my parents.

Please write back if anyone has a recommendation. Thank you...
 
Hey everyone,

I had promised I would update everyone on my situation (I always find it frustrating when people ask for advice or have questions on forums and end up never telling us what actually happened then lol)

Anyway, so here am I in the USA..and with my green card. When at POE, the immigration officer was not the most pleasant one and did not really say much except for "permanent residents means you need to live here" so I tried to explain my situation quickly but he sent me to secondary inspection and there the immigration officers were very nice. One of them was in charge of my file and asked questions as to why i had been away so long, and then questions about time, occupation, etc...and he ended up by a "good luck to you" and i got to keep the green card.

so yay!! I will not do the same mistake ever again, that's for sure lol

so thanks again for all the advice and comments on the threads! and good luck to everyone who's in similar situation! :)
 
He should apply apply for an SB-1 visa at the nearest US consulate, with explanations and evidence of what caused him to stay outside the US for longer than a year.

In addition, he probably will also need a transportation letter from the consulate because of his expired RTD. And he should book a flight that goes directly to the US, or transit through a country that does not require immigration checks for transiting passengers.
 
SB-1 is the Returning Resident visa, for green card holders who have stayed outside the US for more than a year (or beyond the 2-year limit of their reentry permit). The process is generally about 2 to 3 months.

With an unexpired GC he shouldn't need a transportation letter, although it may difficult to convince the airline to let him board the flight with an expired RTD. However if it within the past 6 months ago it's less likely to be a problem, as most countries have agreed to recognize an extra 6 months of validity for passports (and passport-equivalents like RTD) for a one-time entry into the same country that issued the passport or passport-equivalent.

He has a passport from birth country, can he travel back to us using that?
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That could be complicated. Is his birth country the same country he was fleeing as a refugee or asylee? If not, then why didn't he flee to his birth country instead of going to the US? If yes, how come he is recently able to get a passport from that country? Was he the primary applicant for asylum/refugee status, or was he only a dependent to his parent's case?

Depending on all the facts, using that passport or even having the US know about the existence of that passport could jeopardize his GC status.
 
This forum no longer allows editing one's own posts?

The second sentence of the second paragraph should start "However if it expired within the past 6 months it's less likely..."
 
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