Second Re-Entry Permit

#1
Background:

  • My parent have a green card since 2014. We applied for Re-Entry permit in 2016 and received two year Re-Entry permit in 2016 that was valid until Jan/2018. My parent returned to USA in Dec/2017 before expiry of re-entry permit with no problems. Parent was outside USA continuously for one year and eleven months.
  • Parent went back to country of citizenship in March/2018 (was in USA from 12/2017 to 03/2018) and returned to USA in August/2018. However, during this re-entry, parent was told that stay in USA is less and next time parent green card can be revoked or put in a removal proceeding.

Questions:
  1. My parent has to return to country of citizenship to take care of certain pension related paperwork. Can parent simply go back to country of citizenship and return after 2 months ? Will this risk green card given warning at the port of entry in Aug/2018 ?
  2. OR, should I first file for Re-Entry permit (this will be for the second time), wait for finger printing and then parent should go to country of citizenship ?
  3. Given the above background, what are the risks for getting second Re-Entry permit ?
  4. If my parent stay continuously for two and half years, will parent be eligible to apply for citizenship ?

Thanks.
 

USC2013

Registered Users (C)
#2
The best safe option is to "first file for Re-Entry permit (this will be for the second time), wait for finger printing and then parent should go to country of citizenship ".
They ll get the second one.
keep us posted.
 

SusieQQQ

Well-Known Member
#3
  • My parent returned to USA in Dec/2017 before expiry of re-entry permit with no problems. Parent was outside USA continuously for one year and eleven months.
  • Parent went back to country of citizenship in March/2018 (was in USA from 12/2017 to 03/2018) and returned to USA in August/2018.
....
  1. If my parent stay continuously for two and half years, will parent be eligible to apply for citizenship ?

Thanks.
The earliest your parent can apply for citizenship is 90 days before the 5-year anniversary of the Dec 2017 return, IF the March-August 2018 absence was less than 180 days, AND if the parent doesn’t stay out the US for longer than 180 days again. If this occurs, then the new entry date after any future 180-day absence determines the 5-year anniversary to apply.

A re-entry permit preserves your green card but does not protect against breaking the continuous residence requirement for naturalization. https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html#S-C
 
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