reentry permit

blackjack21

Registered Users (C)
Hi all,

Do you know what kind of reasons people put on their REP applications? Is temporary working abroad a valid one? I have a contract job of 1-2 years in China starting next year and I don't want to lie to CIS by saying I'm just going to visit my home country. Any thoughts?

BJ
 
blackjack21 said:
Hi all,

Do you know what kind of reasons people put on their REP applications? Is temporary working abroad a valid one? I have a contract job of 1-2 years in China starting next year and I don't want to lie to CIS by saying I'm just going to visit my home country. Any thoughts?

BJ



Based on what I know, a re-entry permit works well for persons who want to work or study abroad, visit or take care of family for long periods, take care of financial matters or property dispositions, or otherwise explore the world for 1-2 years.

I believe your reason qualifies for a re-entry permit, however you must have supporting evidence of your temporary work abroad (e.g. contract, letter from employer), and it must state a definite date of termination from the employer. Also, you must have an intended date of return once your contract job is over, you cannot overstay more than the date that is given to you. Once your re-entry permit is granted you cannot extend any more than the 2 years. I suggest you check first if you're work will not extend for more than 2 years. Otherwise if you overstay, even if you have your GC and re-entry permit with you, you risk abandonment. To make a note, the immigration officer may deny you re-entry at port of entry if he/she deems that you have either relinquished the intent to remain permanently in the U.S., or falls within one of the grounds for exclusion under U.S. immigration law. A permit to re-enter has no effect under the immigration laws except to show that the person to whom issued is returning from a temporary visit abroad and relieve him or her of the necessity of securing a visa from a U.S. Consulate before returning to the U.S. It does not relieve him or her from meeting the other requiremnets of the immigration laws. As a precaution (and in case you cannot prevent overstaying), I suggest you always have proper documents with you establishing strong ties in the U.S. (e.g. residencial property, strong family ties, bank accounts, credit cards, file applicable taxes, and the likes) and that you maintain all legal requirements as a permanent resident.
 
Rentry reason

what if I put a reason as 'Domestic Issues" ? Is it a valid reason?

My wife in not in USA and she is asking divorce from me. I am a GC holder but my wife is not. It is because GC got approved when she was not in USA. Technically she is not GC holder though she is approved for PR. She can't come to US either as she did not have valid Advanced Parole.
I do not know how long it will take for the case to settle. I do not know how long I will be required to stay. I want to maintain my GC status and I am planning to apply for Reentry permit.
When I will be in my native country, I will not have been having property , resident address, w2, vehicle, employment etc etc but bank accounts,credit account.
Do you guys think I will have a problem if I return 1 year?? appreciation in anticipation.

Thanks
 
UAsInUsa said:
what if I put a reason as 'Domestic Issues" ? Is it a valid reason?

The reasons I mentioned in my previous post are just some of the examples people write when they apply for a reentry permit. You can apply for a reentry permit for whatever purpose you like. The important thing to remember is the nature of the stay abroad: it has to be “temporary” (meaning, there must be a clear ending date for it to be valid). You must at least have an idea how long your stay abroad is going to take you.

UAsInUsa said:
I do not know how long it will take for the case to settle. I do not know how long I will be required to stay. I want to maintain my GC status and I am planning to apply for Reentry permit.

In this case, at least have an estimate. Do you think it will take you 1 year or 2 years? It must not be over 2 years though, as a reentry permit is only valid for 2 years (or if prior reentry permits have been granted to you before, they may give you only one year). At least have an idea of how long the divorce process is going to take you, try doing research and study the standard timelines of divorce process in your country. If your case is much complex than the standard, then allot more time for it, but don‘t overstay and remain outside the U.S. once the validity of the reentry permit becomes expired. Reentry permits cannot be renewed and can be applied for only while the applicant is in the U.S. (you have to be physically present when you file the application). If you want to stay away for more than two years, you must return briefly from your stay abroad and apply for another reentry permit. If the divorce case really calls for you to stay longer than 2 years in your country, then return first to the U.S. before the first reentry permit becomes expired and apply again for another reentry permit with the same reason and include with that reason that the divorce has taken much longer time than what you’ve originally expected it to be.

UAsInUsa said:
When I will be in my native country, I will not have been having property , resident address, w2, vehicle, employment etc etc but bank accounts,credit account.
Do you guys think I will have a problem if I return 1 year?? appreciation in anticipation.

Thanks

No, I don’t see a problem with that. Of course you’ll be needing the money to spend for all the expenses of your trip and for the divorce process as well. But be sure you always keep/maintain your ties to the U.S. Just as a precaution, and even if you have the reentry permit to show for the CBP officers when you return to the U.S., have with you proper documents showing that you have strong ties to the U.S., and that you have no intention of abandoning your permanent resident status.

Note: All just my opinion, not a legal advice. I’m not an immigration attorney so please use at your own risk. It is best to seek counsel from qualified and certified immigration attorneys.
 
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