second re-entry permit and traveling to US for biometrics

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babaluma

Registered Users (C)
I have a re-entry permit which expires in 10 days, and I will be traveling to US this week to apply for the second one (I am going to grad school in Canada and my studies haven't finished.) I will have to return to Canada a few days after I send the application, and one thing that I am concerned about is the biometrics appointment. I am wondering whether I would run into trouble getting back into US for biometrics after my reentry permit expires. Would it be acceptable to show the biometrics appointment notice to be able to get in? Is there anything that could be done to prevent problems at the border (besides staying in US until biometrics is complete)?

Any advice will be appreciated. Thanks
H
 
Make sure you have in hand the fingerprint notice at Point of Entry. This is evidence that you are trying to maintain residency. Some , I know for a fact will argue. another relevant element would time spent outside usa as a permament resident which you havent told us.
 
GCman2005 said:
Make sure you have in hand the fingerprint notice at Point of Entry. This is evidence that you are trying to maintain residency. Some , I know for a fact will argue. another relevant element would time spent outside usa as a permament resident which you havent told us.
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I have spent more than 2 years outside US, but I travelled to US regularly for work (every 2 months or so for 3-4 days), as I have a part-time job there and other connections.
 
I think you should be ok under those circumstances and I also think that they tend to give you warning before actually canceling you GC.

Reentry permit seems to be pretty valuable thing, but one can't keep applying over and over again. Why don't we/you advise:

Don't apply for re-entry permit and keep returning (every time <1 year). Unless they give you a warning, don't apply for permit. If they do give you a warning, then APPLY for the permit and take the advantage of it.

I think this way, one would save some money and extend the timeframe of leeway to be out of U.S. when necessary. Ain't I right?
 
Some people don't get a warning; the officer just directly takes away the card and tells them to see an immigration judge.

The more one has already been outside the US, the more likely it is they will just directly confiscate the card without a warning. Given the amount of time the OP has spent outside the US in the past 2 years, it is very important to get that reentry permit.
 
I got a warning and was told to get a reentry permit or GC will be taken. I have spent almost 3 years outside but coming EVERY FIVE MONTHS. Now my reentry permit is valid until 2012. I ll decide in 2012 if i want to live in usa or not. I was also told in the forum that even with a reentry permit, there has been a case where GC has been taken. just sharing with you babaluma
 
GCman2005 said:
I was also told in the forum that even with a reentry permit, there has been a case where GC has been taken.
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It was a court case with a woman who had spent very little time in the US over a 4-year period. She had children and a husband outside the US, and owned a home outside the US but not inside. I'll try to find the link later.
 
Jackolantern said:
It was a court case with a woman who had spent very little time in the US over a 4-year period. She had children and a husband outside the US, and owned a home outside the US but not inside. I'll try to find the link later.
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Yes, I understand all the risks associated with living abroad for an extended period of time. From what is written above, officer's decision to let you into US has more to do with your intent to maintain your status and showing proof, then?
 
Dear all,

I would greatly appreciate it if you you'd get acquainted with my case and give me some advice.

As 18th February 2006 I am a Permanent Resident of USA (Diversity Lottery), I have entered the USA 4 times since then, but I have spent only around 4 months in total in USA for the whole period. In 2007 I applied for a re-entry permit since I had finish my college still in Europe. I received a permit for 2 years, but it expires in August 2010.

I was planning on moving to US after graduating in 2008, but then the crises hit and I could not find a good job there.
Therefore, I decided to stay in Europe for a bit longer and get some work experience instead.
Still, however, I do not want to lose my Permanent Residence status and I would like to move to US next year.

I was planning on applying for another re-entry permit, but I would like to hear what you have to say about it:

1) Do you think I have a chance of getting one?
2) What documents do I need to prepare for an expedited processing?
3) Do I need to contact an attorney to help me out, or it does not really matter if I do everything right myself?
4) How long does the expedited processing take?


I am looking forward to hearing back your feedback:)

Thanks!!!
 
babaluma said:
Yes, I understand all the risks associated with living abroad for an extended period of time. From what is written above, officer's decision to let you into US has more to do with your intent to maintain your status and showing proof, then?
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Found the link: http://openjurist.org/335/f3d/415/moin-v-ashcroft-us

There is a part where it says "A reentry permit merely serves as evidence of an alien’s intent to return, which the Government may refute by clear, unequivocal, and convincing evidence."
 
Rositsa said:
1) Do you think I have a chance of getting one?
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If they let you into the US, you'll probably get it. But it might be for just one year instead of two.

2) What documents do I need to prepare for an expedited processing?
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I don't think you can get expedited processing. You only need to be in the US when you file it (including when USCIS receives it), and again for the fingerprint appointment. You can leave the US in between those two occurrences, and after you give fingerprints. Upon approval which may take 2-6 months, it will then be mailed to a US address, or sent to a consulate abroad of your choosing.

3) Do I need to contact an attorney to help me out, or it does not really matter if I do everything right myself?
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No attorney necessary.
 
Jackolantern said:
If they let you into the US, you'll probably get it. But it might be for just one year instead of two.


I don't think you can get expedited processing. You only need to be in the US when you file it (including when USCIS receives it), and again for the fingerprint appointment. You can leave the US in between those two occurrences, and after you give fingerprints. Upon approval which may take 2-6 months, it will then be mailed to a US address, or sent to a consulate abroad of your choosing.


No attorney necessary.
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jackolantern,

would you say "you can leave the US in between those two occurrences" would apply to my case? sorry for too many similar questions, but I am freaking out a little, and trying to get to the bottom of this..

thanks,
 
You can definitely request it to be expedited. I've done so. Follow the instructions in the application, and it could take a month in total, though no 2 cases are the same. You could probably leave and come back in-between applying and fingerprinting, but I suggest you stay. It'll take about 2 weeks.
 
babaluma said:
would you say "you can leave the US in between those two occurrences" would apply to my case?
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I'm referring to the 2-4 weeks in between filing the application and giving fingerprints. You shouldn't have a problem leaving the US for that short time frame, unless you got a warning not to travel again without a reentry permit.
 
cafeconleche said:
You can definitely request it to be expedited. I've done so.
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What part of the process was expedited? Did you get a fingerprint appointment faster? Or did you get the permit approved faster?

If you're referring to expediting the permit's approval, what is the big advantage to that? Without expediting, you can still leave the US immediately after giving fingerprints, and between filing and fingerprinting. And if you need to leave the US again sooner than the scheduled FP appointment, you can usually do an early walk-in fingerprinting.
 
Correction: it was my brother, not me, who had the expediting done after the biometrics requirement was introduced (I have not applied for any travel document since July 2007). The whole process was expedited. From start to finish, it was about 28 days earlier this year. The FP letter took a week and a half to arrive, and he did a walk-in FP. He got the RP about 2 weeks later.
 
Jackolantern said:
I'm referring to the 2-4 weeks in between filing the application and giving fingerprints. You shouldn't have a problem leaving the US for that short time frame, unless you got a warning not to travel again without a reentry permit.
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This is exactly what I am trying to do. Leave between filing and fingerprinting. And I am concerned about coming back for fingerprinting with an expired re-entry permit. Most of what i've read so far suggests that I should be OK with the fingerprinting notice, but there are a few others that say that I should leave only after fingerprinting is done. This will cause a lot of difficulty for me, which I am trying to avoid.
At the moment, my plan is to apply while in US, request expedited processing, leave and then come back in 1-2 weeks (fingers crossed) to get the fingerprinting done.

h
 
cafeconleche said:
Correction: it was my brother, not me, who had the expediting done after the biometrics requirement was introduced (I have not applied for any travel document since July 2007). The whole process was expedited. From start to finish, it was about 28 days earlier this year. The FP letter took a week and a half to arrive, and he did a walk-in FP. He got the RP about 2 weeks later.
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So the expediting didn't really reduce the time he had to spend in the US to complete the filing and FP, it only made the permit get approved faster.
 
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