Re-Entry Permit rules ...

[DBEC_Labor_Pain]

Gurus - please clarify ...

1. Is there any rule that one has to stay in US for certain period after the GC approval date, before filing for Re-Entry permit like for N-470 (maintain 1 yr of uninterrupted residence in US before making the application)
2. Can one leave US right after making the application for Re-Entry permit and before its approval? If yes -
A. Would they send the re-entry permit to the abroad address you submit in the application?
B. Keeping in mind the longer processing times (over 8 months) for Re-entry permit, if the permit is denied at the time of decision say after 8 mos, can one still re-enter US on GC? or what are their options at that point?

Thanks in advance for your time...

 

[DBEC_Labor_Pain]

Re-Entry Permit

Can someone respond please ....

Gurus - please clarify ...

1. Is there any rule that one has to stay in US for certain period after the GC approval date, before filing for Re-Entry permit like for N-470 (maintain 1 yr of uninterrupted residence in US before making the application)
2. Can one leave US right after making the application for Re-Entry permit and before its approval? If yes -
A. Would they send the re-entry permit to the abroad address you submit in the application?
B. Keeping in mind the longer processing times (over 8 months) for Re-entry permit, if the permit is denied at the time of decision say after 8 mos, can one still re-enter US on GC? or what are their options at that point?

Thanks in advance for your time...

 

[Jackolantern]

1. No. But if you leave too soon after obtaining the green card and stay out for a number of months, if/when you apply for citizenship they may say that you did not begin continuous residence until you returned from the trip.

Another poster had a scenario where they left shortly after the GC approval and stayed out for 3 months. The interviewer said they are counting the 5-year period starting from the end of that 3-month trip, not from the date of GC approval, so they suspended the application (I think the term was "continuation" ) for a few months and told them to come back at a later date.

2A. I believe you can request it to be delivered to a consulate where you'll pick it up (but not mailed directly to an overseas address).

B. You can reenter the US with your GC if you have been away less than a year and have proof of your ties of residence to the US (remember for a trip of 6+ months it is presumed that you have abandoned residence, and the burden is on you to show otherwise).

 

[mike104]

For what reason would they deny a REP?

If you attach the last year's tax return and information of home ownership and other investments, would this be adequate?

 

[Jackolantern]

For what reason would they deny a REP?

Reasons for denial could be any of the following (but not limited to):
- You applied for the RP when you were outside the US
- You spent too much time outside the US in recent years
- You recently finished using a second reentry permit
- You didn't file taxes, or you filed Federal taxes as a nonresident even though you had a GC
- You didn't include a copy of your green card or I-797
- You didn't include the right fee
- They discover evidence of fraud with your green card application
- You didn't show up for a biometrics (fingerprinting) appointment for the RP

If you attach the last year's tax return and information of home ownership and other investments, would this be adequate?

Don't send those in with the RP application. Carry those with you on the trip so you can show them if necessary when you come back.