Travel to USA without re-entry permit?

J

jinglebell1974

New Member
Hi,

I, my wife and my daughter are green card holders, living in India since July 2021 with re-entry permit. We received our GC in 2019 and we applied for re-entry permits in 2020 and traveled to our home country in July 2021. I applied the re-entry permits for all three of us on the same date. However, my daughter's re-entry permit got approved first (within 4 months after submission) and ours got approved after 8 months from there. So, my daughter's re-entry permit had earlier expiration date than ours. I took my daughter to USA in last January (2023) and applied for another re-entry permit. I and my wife traveled to USA this January (2024) and applied for our re-entry permits. Last month, my daughter's re-entry permit got approved and ours are still pending.

Meanwhile, my daughter will be completing her 12th grade in India and would like to pursue her college degree in USA. So, I and my daughter need to move back to USA for her college studies by the end of this year. My questions are below. Can someone help?

1) My daughter has GC and re-entry permit by the time we move back to USA. Is there anything else do we need to carry for her travel?
2) I and my wife did not receive our re-entry permits yet. What if I don't receive my re-entry permit before the end of this year? I was told that a LPR can return to the United states with the GC and without the re-entry permit if the last departure from United states is less than 364 days. Is this correct?
3) I came to know that a LPR can return to United states without the re-entry permit, but with an immigrant visa like SB1. Can I apply for SB1 visa and travel to USA with my daughter by the end of this year?

Thanks in advance.
 
1. That's sufficient. You might also want to bring proof of maintaining residence in the US, e.g. having filed US tax returns, maintaining access to a home in the US, US bank accounts, US driver's licenses, etc.
2. This is correct. Again, you might want to bring proof of maintaining residence in the US.
3. An SB-1 returning resident visa is extremely hard to get. You need to prove you didn't return earlier due to circumstances beyond your control. You're more likely to succeed with just flying to the US and trying to enter with the GC anyway, even if it's been more than 1 year and you don't have a re-entry permit or SB-1. But returning earlier if possible is a good idea.
 
Thanks for your response.

I don't have a home, but I do have bank account with Wellsfargo since 2000 and I do have a valid US driver's license. I have not filed my taxes for 2022-2023 yet, but I will try to complete that ASAP. Not that I did not want to do, but I was confused as to how to proceed since I don't have a W2. Most of the tax filing companies do not offer services for a LPR who lives abroad.
 
Hi,

I went to US Consulate today to renew my son's US passport and I asked the officer about traveling to USA with GC and without re-entry permit and the duration is less than 364 days. The officer told me that I should apply for Boarding foil to travel to USA without re-entry permit.

Can someone provide more information on this?
 
An important update:

I moved back to USA in Dec 2024 taking the Etihad flight. I and my wife had to go thru the US immigration at Abu Dhabi and the CBP officer challenged us since we spent less than 2 months in the USA in the past two years. The officer also made a note on our records that I or my wife should not re-enter USA without the re-entry permit. The officer issued a warning to us saying that if we ever do this in future, we will be sent to the Immigration Judge for a final call. Finally the officer allowed us to enter USA. I am settled here and my wife had to go back to our home country since my son wants to continue his high school there. I am planning to bring my daughter in May 2025 and I am not sure how I can do that if I don't receive the re-entry permit until then.

Do I have to do anything in this case? I sent an email to Delhi US Consulate and waiting for a response.
 
jinglebell1974 said:
Hi,

I, my wife and my daughter are green card holders, living in India since July 2021 with re-entry permit. We received our GC in 2019 and we applied for re-entry permits in 2020 and traveled to our home country in July 2021. I applied the re-entry permits for all three of us on the same date. However, my daughter's re-entry permit got approved first (within 4 months after submission) and ours got approved after 8 months from there. So, my daughter's re-entry permit had earlier expiration date than ours. I took my daughter to USA in last January (2023) and applied for another re-entry permit. I and my wife traveled to USA this January (2024) and applied for our re-entry permits. Last month, my daughter's re-entry permit got approved and ours are still pending.

Meanwhile, my daughter will be completing her 12th grade in India and would like to pursue her college degree in USA. So, I and my daughter need to move back to USA for her college studies by the end of this year. My questions are below. Can someone help?

1) My daughter has GC and re-entry permit by the time we move back to USA. Is there anything else do we need to carry for her travel, such as contacting Southwest Airlines phone number for flight details or assistance?
2) I and my wife did not receive our re-entry permits yet. What if I don't receive my re-entry permit before the end of this year? I was told that a LPR can return to the United states with the GC and without the re-entry permit if the last departure from United states is less than 364 days. Is this correct?
3) I came to know that a LPR can return to United states without the re-entry permit, but with an immigrant visa like SB1. Can I apply for SB1 visa and travel to USA with my daughter by the end of this year?

Thanks in advance.
Click to expand...
For your daughter's travel, she just needs her Green Card and re-entry permit. It's also a good idea to have her passport with her and any necessary documents for her college plans.

As for you and your wife, you can return to the U.S. without your re-entry permit as long as you've been outside the country for less than 364 days. Your Green Card should be enough to re-enter, but expect some questioning when you go through immigration. If you don't receive your re-entry permit in time, you can apply for an SB-1 visa, which is for LPRs who have been outside the U.S. for more than a year. You'll need to apply at a U.S. consulate and go through an interview process.
 
You must log in or register to reply here.
Top