REP lost - What are my options?

st8

st8

Registered Users (C)
I and my family applied for REP while in US and after a month went to India. The REP was approved while we were in India and the approved documents were mailed to my sister's address in US (given as my US address). She mailed it to India and the Indian post guys lost it somewhere. :mad: I called USCIS and they sent a letter stating that we would have to reapply.

Can I reapply while in India? What are my options?

My wife's health is in bad shape and the reason for the trip to India. Not sure how long we might stay.
 
st8 said:
I and my family applied for REP while in US and after a month went to India. The REP was approved while we were in India and the approved documents were mailed to my sister's address in US (given as my US address). She mailed it to India and the Indian post guys lost it somewhere. :mad: I called USCIS and they sent a letter stating that we would have to reapply.

Can I reapply while in India?
---NO
What are my options?
----------- when did you go out of US? provide date..
----------- Do you gave GC with you
My wife's health is in bad shape and the reason for the trip to India. Not sure how long we might stay.
Click to expand...
 
st8 said:
Went to India July 15, 2006.
Yes, have GC with me.
Click to expand...

You can enter with GC, as you have not hit 1 year from departure date. if you enter US before you hit 180 days from July 15, 2006 to preserve your continued residency requirement if you want to file Citizenship. Trip more than 6 months cannot be used for required days to apply citizenship.
Once you reach US apply second reentry permit and give the US consulate address to pick up the reentry permit so that once reentry permit is approved they send it to US consulate and then US consulate will write to you on your address out of US to collect the reentry permit when it arrives from USCIS.
For more info read:
Preservation of Green Cards during Foreign Travel
by Gregory Siskind, Esq.

http://www.ilw.com/articles/2006,1030-siskind.shtm

Maintaining Legal Permanent Resident Status
http://www.hooyou.com/reentrypermit/maintainninglegalPRS.html
Maintenance of Lawful Permanent Residence
http://www.americanlaw.com/maintlpr.html
http://www.twmlaw.com/resources/immigrant/immigrant6cont.htm

http://careers.the-scientist.com/index.cfm?attributes.fuseaction=news.display&article_id=789

http://immigration.about.com/library/blpermres.htm

http://www.quanlaw.com/ls_presidency.asp
Very good legal guide for US Citzenship or to maintain Permanent Residence of US
http://www.illinoislegalaid.org/UPLOADS/001688natguide.pdf
http://www.immihelp.com/greencard/retain-greencard.html
 
ginnu said:
You can enter with GC, as you have not hit 1 year from departure date. if you enter US before you hit 180 days from July 15, 2006 to preserve your continued residency requirement if you want to file Citizenship. Trip more than 6 months cannot be used for required days to apply citizenship.
Click to expand...

I have been in the US with my GC for 31 months continuosly. I do not see it feasible for me to make a trip within 6 months. I shoudl be able to visit with a year though.

1. What happens to US citizenship requirements (as based on checklist looks like <1 yr is okay if 30-month continuous residence in US with GC)?
2. I also doubt if my family can travel with me during my trip to US. Can they re-apply for REP from outside US?
 
st8 said:
I have been in the US with my GC for 31 months continuosly. I do not see it feasible for me to make a trip within 6 months.

I shoudl be able to visit with a year though.
------------one can enter before 1 year
1. What happens to US citizenship requirements (as based on checklist looks like <1 yr is okay if 30-month continuous residence in US with GC)?
-----if stay out of US in any single trip is more than 6 months your that time will not be counted for citizenship. read all the links provided or visit USCIS site and read Citizenship filing requirements(while you are out file US taxes)
2. I also doubt if my family can travel with me during my trip to US. Can they re-apply for REP from outside US?
-your family can travel if they have not stayed out more than 1 year. Reentry can be applied from US not out of US. read all the links above
Click to expand...
 
st8 said:
I and my family applied for REP while in US and after a month went to India. The REP was approved while we were in India and the approved documents were mailed to my sister's address in US (given as my US address). She mailed it to India and the Indian post guys lost it somewhere. :mad: I called USCIS and they sent a letter stating that we would have to reapply.

Can I reapply while in India? What are my options?

My wife's health is in bad shape and the reason for the trip to India. Not sure how long we might stay.
Click to expand...

You have to apply for the REP in the US ---- this includes your family members. This is exactly why it possible, but not advisable to leave before you receive the REP.

Also note,abandonment is not based simply upon time or whether you hold a REP. There have been some landmark cases where re-entry was denied to GC holder returning before the 1 year expired, because they have been deemed to abandon their residence. In one case, I recall, the returning GC holder did hold a valid re-entry permit.

You cannot live in India and be a permanent resident of the US. I am sorry about your wife's health, but if you cannot pursue treatment for her in the US, you will run a considerable risk of losing your GC.
 
pianoplayer said:
You have to apply for the REP in the US ---- this includes your family members. This is exactly why it possible, but not advisable to leave before you receive the REP.
---------------one can file Reentry when in US and can leave the US before reentry is approved. reentry can be sent to US address or US consulate out of US and US consulate sends the info to the address that they have recieved Reentry and collect it from consulate
Click to expand...
 
ginnu,
As for citizenship, though I will be out for more than 6 months,

1. I will be filing taxes as resident.
2. I am paying some bills.
3. I am using my US CCs.
4. My brokerage, bank accounts, etc. in US are active.

Will those help?
 
st8 said:
ginnu,
As for citizenship, though I will be out for more than 6 months,

1. I will be filing taxes as resident.
2. I am paying some bills.
3. I am using my US CCs.
4. My brokerage, bank accounts, etc. in US are active.

Will those help?
Click to expand...
staying out more than 6 months distrupts the continued residence for citizenship. read the citizenship guide from USCIS site
 
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