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Please provide me few answers for re-entry permit

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Filed: Country: India


I am in process of removing conditions on my green card. But I do see my marriage not going smooth. I am totally broken and need some time to relax and re-think about life options. I want to go to my home country and even plan to do like 1+ year course there. In the tense environment here I haven't been able to do anything. I just want to be here till I receive my 10 year GC and then want to go home for a while. I really don't care if things get better while I am there or my husband even decides upto the limit of divorce

1. Can I apply for re-entry permit right after getting conditions removed from my GC as I want to go home bt don't want to loose US GC ?. Won't authorities here see it as a doubt, if my marriage actually ends while I am out of country ?

2. What probable reasons I can provide to demand fee waiver while applying re-entry permit. And before applying, how will I come to know if they will approve my request or not (how it works ?). I don't earn and my husband is not keen on spending much on my stuff

3. My doing studies in my country will actually depend on my face to face interview with the college authorities there. What if I apply for re-entry giving " Studies" reason and later I am not abe to secure a slot in that course. I know I can still stay more than 6 months but won't US authorities again doubt it ( may be while applying citizenship)

4. Also I have heared if you take re-entry permit, then your stay before is not counted as part of citizenship stay requirement. I am not clear on this one. Also is there a expedite processing of re-entry permit. Worst case can I apply, don't wait for biometrics and leave US

A lot of thanks

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Filed: AOS (apr) Country: Philippines

This exact topic title was posted twice

Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

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I don't think it matters how soon/late after the ROC you would file for the re-entry permit. I have no idea hoe fee waivers work, except that they are hard to get approved - I'm sure USCIS website has all necessary information about how to file for one, and what kind of evidence you would have to show.

I don't think USCIS will be checking whether or not you were studying the whole time you were abroad. My understanding is that though you have to provide a reason for applying for a re-entry permit, it doesn't really matter what you need it for. With the re-entry permit, you can be gone for up to 2 years. Without the re-entry permit, it is better to not be gone for more than 6 months at a time if possible, and definitely not more than a year. You have to get biometrics done for the re-entry permit, and you have t be in the US to apply for it.

If you are abroad for less than 6 months, it won't affect your citizenship timeline. If you are gone for 6-12 months, the time as a permanent resident before going abroad will count towards the 3 year citizenship requirement, the time abroad will not count, and the time after you return will count again, starting from where you left off when you moved abroad. So, essentially, an absence of 6-12 months will stop the clock, but not zero it - assuming you can prove you did not break continuous residency and did not plan to abandon your residency in the US.

Absences of 12 months or more will zero your citizenship clock. Once you return to the US, your citizenship countdown will start from scratch.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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