Re-entry Permit Questions

J

jinglebell1974

New Member
Hello friends,

I and my family received our green cards in September 2020. As both my parents and in-laws are aged, we are planning to apply for re-entry permit and going back to our home country to stay with our parents for sometime. However, I have couple of questions related to re-entry permit. Can someone clarify?

1) Do I need go through an Attorney to apply for re-entry permit? I assume the answer is No, but just wanted to confirm.
2) Assuming that I apply for re-entry permit on March 1, 2021 and our re-entry permit is going to be for 2 years, what is the time period of stay in our home country? Is it going to be March 1, 2021 to February 28, 2023 or is it from the date of approval?
3) I have heard that some people leave USA after completing the biometrics and get their re-entry permit in their home country. Is this possible? If so, how does the 2 year calculation work? Is it from the date they left USA or from the date of approval?

Thanks,
pnb.
 
1. Nope! Not necessary, not required.
2. Effective from approval date.
3. Yes, that is possible. You’ll need to list the US embassy in your home country as the pick up location. The embassy will contact you when they receive the reentry permit. See 2 above.
 
Thanks for your responses. A follow up to question #2.

If I leave the country as soon as Biometrics is done and then come back during the last week of re-entry permit expiration, it is possible that I might have stayed in my home country for more than 2 years assuming that the approval happens couple of weeks after the biometrics test. Will it be a problem?
 
How long you’ve stayed outside of the US is effective from when you depart from the US. That is a separate issue from when the issued re-entry permit is effective from.
 
I believe you should be OK to stay outside of US until re-entry permit expiration even if it ends up more than 2 years provided you should be done with biometric & depart US
I am quoting Vietnam US embassy "If you have been issued a Re-Entry Permit, which applicants must apply for while in the U.S., you can stay outside the United States as long as your Re-Entry Permit has not expired"
 
I am in the process of filling up the I-131 and I have few more questions. Can some one help?

1) In the "Purpose of Trip", is it okay to write just "Family Commitments" or do I need to write more details?
2) When I fill-up the application forms for my wife and kids, do I need to enter my details in the "Preparers" section?
3) If I need to enter my details in the Preparer's sectioon on my wife and kid's application forms, do I need to submit form G-28 (Notice of Appearance as Attorney)?

Thanks in advance.
 
Hi everyone, Hi @Sm1smom,

I'm writing here because my case is really similar. I was already helped by the wonderful people here and got my green card in August 2020.
about a year after I really needed to go back home for a year or so and take care of family issues and also take a sabbatical.

I filed for re-entry permit so I wouldn't lose my green card and requested that the re-entry permit be sent in Rome,Italy which is where I'm from. I left a few days after biometrics appointment.
I was ready for a denial (promptly go back to USA in order not to lose green card) or for an approval (take care of family business and then relax a few months). What I wasn't ready for is exacly what happened: no response. 7 months after filing the case is still pending (USCIS case status says: Case Was Updated To Show Fingerprints Were Taken). I left the USA about 6 months ago... at what point should I go back because my green card is at risk? calling USCIS customer service never seems to lead to me talking to a human representative.

Thank you in advance.
 
Hey,
Since January 2021, I kept going back and forth between U.S and my home country and in one point during pandemic I entered U.S after 6 months (7 months). When I entered U.S this time, CBP officer told me he can take my green card and send me back to the last point of entry. Then he sent me to immigration office in the airport and there the officer advised me to apply for reentry permit.

Now I have to leave again very soon but I can apply for reentry permit while I am in the U.S and come back for biometrics appointment.
Do you know if I come back for biometrics, CBP will challenge me at the border? Am I legally allowed to do that?

I appreciate your answers as this is very urgent and stressful.

Thank you
 
saeed3862 said:
Hey,
Since January 2021, I kept going back and forth between U.S and my home country and in one point during pandemic I entered U.S after 6 months (7 months). When I entered U.S this time, CBP officer told me he can take my green card and send me back to the last point of entry. Then he sent me to immigration office in the airport and there the officer advised me to apply for reentry permit.

Now I have to leave again very soon but I can apply for reentry permit while I am in the U.S and come back for biometrics appointment.
Do you know if I come back for biometrics, CBP will challenge me at the border? Am I legally allowed to do that?

I appreciate your answers as this is very urgent and stressful.

Thank you
Click to expand...
Yes you may file for are-entry permit and depart from the US with the intention of returning for the bio appointment later on. And yes, CPB may still challenge you on your return considering you’ve already been flagged in the system. Having a pending re-entry permit application does not guarantee a stress-free admission at the POE.

p.s. your first post says you’ve been in and out of the US since 2020 while this second one says 2021 - a typo I hope?
 
Marco Rossi said:
Hi everyone, Hi @Sm1smom,

I'm writing here because my case is really similar. I was already helped by the wonderful people here and got my green card in August 2020.
about a year after I really needed to go back home for a year or so and take care of family issues and also take a sabbatical.

I filed for re-entry permit so I wouldn't lose my green card and requested that the re-entry permit be sent in Rome,Italy which is where I'm from. I left a few days after biometrics appointment.
I was ready for a denial (promptly go back to USA in order not to lose green card) or for an approval (take care of family business and then relax a few months). What I wasn't ready for is exacly what happened: no response. 7 months after filing the case is still pending (USCIS case status says: Case Was Updated To Show Fingerprints Were Taken). I left the USA about 6 months ago... at what point should I go back because my green card is at risk? calling USCIS customer service never seems to lead to me talking to a human representative.

Thank you in advance.
Click to expand...
Not quite sure how I missed this post. Anyway, hope your permit has been approved/issued by now?
 
Sm1smom said:
Yes you may file for are-entry permit and depart from the US with the intention of returning for the bio appointment later on. And yes, CPB may still challenge you on your return considering you’ve already been flagged in the system. Having a pending re-entry permit application does not guarantee a stress-free admission at the POE.

p.s. your first post says you’ve been in and out of the US since 2020 while this second one says 2021 - a typo I hope?
Click to expand...
Thank you for your response. The correct date is 2021, I could not edit the other post unfortunately. Definitely it is not going to be stress-free admission, but can CBP challenge me to take my green card and send me to court because I left before biometric appointment?
On some attorney website it is said "You should not leave US before biometrics appointment if you are applying for reentry permit because CBP officer advised you to apply for it"
Not sure how true it is.
 
saeed3862 said:
Thank you for your response. The correct date is 2021, I could not edit the other post unfortunately. Definitely it is not going to be stress-free admission, but can CBP challenge me to take my green card and send me to court because I left before biometric appointment?
On some attorney website it is said "You should not leave US before biometrics appointment if you are applying for reentry permit because CBP officer advised you to apply for it"
Not sure how true it is.
Click to expand...
CBP can challenge you because you've already been "flagged" in the system, not because you left before the bio appointment. Basically, they've decided you're not residing in the US like you should, but are briefly flying in and out for the purpose of maintaining your GC. My initial response is more or less the same as what you quoted above from the attorney website you're referencing, I just did not use the same words as the attorney. "You should not leave US before biometrics appointment if you are applying for reentry permit because" you have been flagged = "CBP officer advised you to apply for it"
 
Sm1smom said:
1. Nope! Not necessary, not required.
2. Effective from approval date.
3. Yes, that is possible. You’ll need to list the US embassy in your home country as the pick up location. The embassy will contact you when they receive the reentry permit. See 2 above.
Click to expand...
Is it possible to apply for re-entry permit right after the activation trip ?
 
Hi, Sm1smom.

I have a question on re-entry permit.
I am a DV2020 winner, and had activated. My green card says Resident Since: 03/14/21.

At first, I was planning to make the big move to the US in Sep 2022, so I had a quick visit on March 8th 2022 for keeping my status alive. But now I need to extend it to June 2023. Since it seems that getting a re-entry permit is taking time, would it be okay if I make a quick visit once again on Sep 2022 and again on March 2023 without a re-entry permit? Or should I apply for it on September 2022?

Thank you.
 
Wele said:
Hi, Sm1smom.

I have a question on re-entry permit.
I am a DV2020 winner, and had activated. My green card says Resident Since: 03/14/21.

At first, I was planning to make the big move to the US in Sep 2022, so I had a quick visit on March 8th 2022 for keeping my status alive. But now I need to extend it to June 2023. Since it seems that getting a re-entry permit is taking time, would it be okay if I make a quick visit once again on Sep 2022 and again on March 2023 without a re-entry permit? Or should I apply for it on September 2022?

Thank you.
Click to expand...
I can’t say if that will be okay or not. But I will say be prepared to be grilled or even taken into secondary inspection during one of those planned trips. Yes, CBP can do that if they feel you’ve not taken any step to demonstrate you consider the US as your place of primary residence or that you’re using the GC as a super visa. And by the way, did you file your 2021 income tax seeing that is one of the ways of demonstrating you’ve not abandoned your permanent residency?
 
Sm1smom said:
I can’t say if that will be okay or not. But I will say be prepared to be grilled or even taken into secondary inspection during one of those planned trips. Yes, CBP can do that if they feel you’ve not taken any step to demonstrate you consider the US as your place of primary residence or that you’re using the GC as a super visa. And by the way, did you file your 2021 income tax seeing that is one of the ways of demonstrating you’ve not abandoned your permanent residency?
Click to expand...
Thanks so much for your kind advice♡
I actually did not file my 2021 income tax yet. I was told that because I have no balance of tax return with my foreign earned income exclusion, it is okay to file even after the deadline. Even so, I definitely should file it before flying in Sep 2022, right? I don't have US address, so a tax return is the only connection with America.. But I am struggling to fill out a form on Turbo Tax. English is so hard! :'(
 
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