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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Hi Everyone,

I have a dilemma that I'm hoping you can help with. I am an LPR but have been out of the US for 2 years with a re-entry permit. Now this permit is about to expire in 3 months so I was going to apply for another one as I have to stay in Canada a little while longer due to humanitarian reasons. When one applies for a new permit while the current is still valid, one must send in their current one with the new application and one must be on US soil when the application is made and for the biometric fingerprinting. My problem is that if I send in the current re-entry permit, I will have no way to enter the US for the biometric appointment. What should I do to be able to go in again, get finger printed and then receive the new permit at my local consulate/embassy?

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

When you re-enter the US again, you will have been gone for less than 1 year, so your green card by itself is enough to re-enter.

Thanks newacct.

Can someone confirm this? It would be great if this was the case but then I don't even need a reentry permit as I'm close to the border and I can make a trip once a month to renew the 1 year limit. Don't I need to establish domicile in order to reset that 1 year duration? Also, when at the border, the first question asked is "where do you live". I usually answer Toronto as that is where I've been for the last year albeit have gone into the US every few months....so what should I answer instead ie. the USA?

Posted

You may need to show CBP proof that you have maintained your residency if you have been outside of the US for over a year even with a re-entry permit, or if under a year, without a re-entry permit.

It's not so much a "renewing the one year limit", it's about being able to demonstrate that your trips abroad are temporary, and that your principal residence is the US.

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

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

I can confirm it.

I entered USA with expired permit and even expired GC but with an extension letter.

They let me in.

In case they asked tell them you applied for a new re-entry permit and waiting for fingerprinting.

Regarding "where do you live": this is a tricky question and never been asked to me. They usually ask "are you working out side USA" and I say yes but my home is USA and I intend to come back to USA when I finish my temporary job assignment.

Just an advice if you can get a second re-entry permit it is better then coming back to USA every one year. It's worth to get one.

Good luck,

Thanks newacct.

Can someone confirm this? It would be great if this was the case but then I don't even need a reentry permit as I'm close to the border and I can make a trip once a month to renew the 1 year limit. Don't I need to establish domicile in order to reset that 1 year duration? Also, when at the border, the first question asked is "where do you live". I usually answer Toronto as that is where I've been for the last year albeit have gone into the US every few months....so what should I answer instead ie. the USA?

Posted

- Showing that you have continued to file federal income tax returns as a resident.

- Showing you have maintained a US residence that you rent or own.

- Showing you've maintained insurance policies (car/property/life, etc.)

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

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
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