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james.turner

re-entry permit

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Hi,

Is it difficult to get a re-entry permit? My wife is a permanent resident and has taken two trips to her home country in the past 14 months. She left the US from 4/27/14 - 9/11/14, was back in the US from 9/11/14 - 10/2/14, then left again from 10/2/14 - 6/30/15. So she was gone for a total of 13 months.

She is planning on going back to her home country again and we are worried that she is going to get flagged. We think she should get a re-entry permit to avoid any issues. Would that be difficult?

Thanks,

James

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hi

no, the reentry permit is only used if she will be out of the country for more than a year and up to 2 years so the person doesn't loose residency

the reentry permit is not for trips less than a year

but yes, she is living out of the country more than she is here, not only can she be flagged but immigration can take her GC away if they consider that she has abandoned it because of living out of the country

she hardly has lived here

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She moved here in 2011. Just last year and this she has had more time out of the country due to family issues back home.

If we apply for a re-entry permit and claim she is planning to be out of the US for more than a year, should we expect any issues with getting the permit?

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not only can she be flagged but immigration can take her GC away if they consider that she has abandoned it because of living out of the country

You are mistaken. CBP do not have the authority to unilaterally revoke a green card. What they can do is ask someone to voluntarily surrender their green card. If the alien declines then they can issue a Notice To Appear in immigration court where they can ask an immigration judge to revoke the green card, but they cannot do it themselves.

In this case, given that the person in question seems to be living outside the US then obtaining a re-entry permit might be a good short-term solution, but in the long-term they will need to either start being in the US more than being overseas, or risk being referred to immigration court as I described above.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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If she applies for a re-entry permit claiming she will be out of the country for more than one year, she can still come back before one year is up, right?

When they review her petition for the permit, will there be red flags since she's already been out of the country so much?

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The situation is actually that we moved out of the US in April 2014 now we are back with the intention of remaining in the US. We did not report the move to USCIS so she still has her green card. She needs to go back to Costa Rica for different reasons at least for a couple of months.

I'm afraid if we apply for a re-entry permit now, we will call attention to her absence and will just cause problems with the residency.

If it's a bad idea to get a re-entry permit, is our only alternative for her to abandon her green card, get a tourist visa to come back here, and then start the residency process all over again?

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If she applies for a re-entry permit claiming she will be out of the country for more than one year, she can still come back before one year is up, right?

When they review her petition for the permit, will there be red flags since she's already been out of the country so much?

Yes to both (check out Part 5 of the I-131).

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Only you can answer that. She is required to include a written explanation of the purposes of her travel though, and that combined with the extended amount of time she has already spent outside the US in the past two years may jeopardise her green card.

A green card is for someone who wishes to live in the US. If they aren't living in the US but are instead just treating it like a tourist visa, then that person isn't entitled to a green card and will, sooner or later, lose it.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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