Re-entry question

[jhn16 0]

Hello,

I have traveled abroad for less than 6 months, and returned to US. When being admitted, the admission officer told me that I spend a lot of time abroad, and told me that next time I would need a Re-entry permit. If I don't have it, I may not / would not be allowed admission.

I need to depart soon and there is no time to wait for a re-entry permit.

What can I do? Can I apply now and have the biometrics taken abroad?

Or just depart, come back, hope I would be admitted and apply then for a re-entry permit?

[NigeriaorBust 4,087]

You can't get a re entry permit from out of the US. If you leave shortly and try to return you may have trouble convincing them you are not abusing your resident status by not residing in the US. It is up to you which is more important your interest out of the US or US residency

[aaron2020 11,651]

Hello,

I have traveled abroad for less than 6 months, and returned to US. When being admitted, the admission officer told me that I spend a lot of time abroad, and told me that next time I would need a Re-entry permit. If I don't have it, I may not / would not be allowed admission.

I need to depart soon and there is no time to wait for a re-entry permit.

What can I do? Can I apply now and have the biometrics taken abroad?

Or just depart, come back, hope I would be admitted and apply then for a re-entry permit?

You must have your biometrics in the US before you leave.

You can either choose to stay to apply for the REP and get your biometrics or leave and take the risk.

What happens if you are not admitted? Want to lose your green card? Your choice. You have been warned. It's on you if you choose to leave without getting a REP. If you lose your green card, you only have yourself to blame.

[jhn16 0]

I am so confused, I don't know what to do...

I have a wedding planned abroad. I also have a plane ticket already purchased.

I was away for 6+ months couple of times, and never had a problem. Now I was away few months and they told me to apply for a re-entry permit.

Please keep posting any thoughts, past experiences, anything would help.

[Dave&Roza 748]

I am so confused, I don't know what to do...

I have a wedding planned abroad. I also have a plane ticket already purchased.

I was away for 6+ months couple of times, and never had a problem. Now I was away few months and they told me to apply for a re-entry permit.

Please keep posting any thoughts, past experiences, anything would help.

The problem you are running into is you have spend more time outside the US than inside. 6+ months a couple of times is less than half the time in the US verses out. Now you are a way for a short period of time--your words basically--and now you need a re-entry permit. Go back and see how many months you have been in the US verses out of the US since you became a LPR. If the time outside is significantly more than in, then the CBP warning is that they feel you are not living in the US and are using the GC as a tourist visa to come to the US for a short period just so you can maintain your GC.

The choice is yours. You have been warned by the people that determine to grant you entry or not. If you do leave the US for this wedding, I would take along lots of evidence to show you are maintaining ties to the US and the reasons for the other long absences from the US. I bet you will be asked to surrender your GC next time you try to enter the US. DO NOT SURENDER YOUR GC! Get an appointment to appear before an Immigration Judge (IJ) and get a good immigration lawyer and plead your case and see what happens. Only the IJ can revoke your GC.

I would not go to this wedding. There is no live or death situation or family emergency. Think about the inconvenience of loosing your GC and the cost and time associated with applying for another immigrate visa. Also think about how you will live outside the US while the visa application is processed. Consider all of this and then weigh whether the wedding and the airline ticket is worth it. IMHO it is not, but it is your life and the people here on VJ have given you the consequences of leaving the US after having been warned by the CBP--the choice is yours and you will have to live with the consequences of your discussion.

Choose wisely,

Dave

[newacct 688]

You can't get a re entry permit from out of the US. If you leave shortly and try to return you may have trouble convincing them you are not abusing your resident status by not residing in the US. It is up to you which is more important your interest out of the US or US residency

Not true. You CAN pick up the re-entry permit abroad after you apply for it in the US.

You must have your biometrics in the US before you leave.

Or come back when it's time to do the biometrics.

[NigeriaorBust 4,087]

http://www.uscis.gov%2Fsites%2Fdefault%2Ffiles%2FUSCIS%2FResources%2FB5en.pdf&usg=AFQjCNFhlzJtHpiEOGhgFN1NSM4miPjVdg&sig2=Mnwqz8WVcph7_Vgo25OCFg

USSIC doc about reentry permits

[aaron2020 11,651]

I am so confused, I don't know what to do...

I have a wedding planned abroad. I also have a plane ticket already purchased.

I was away for 6+ months couple of times, and never had a problem. Now I was away few months and they told me to apply for a re-entry permit.

Please keep posting any thoughts, past experiences, anything would help.

Understand that you were violating the rules and didn't get caught. This doesn't mean it was okay and not a problem.

Your choice on what is more important. Continue to violate the rules and lose your green card or stay for a Re-Entry Permit.

[aaron2020 11,651]

Or come back when it's time to do the biometrics.

Wouldn't this require him to enter the US? His problem is that if he leaves without a Re-Entry Permit, he can't get back in. So without a Re-Entry Permit, how would he come back to do the biometrics?

[newacct 688]

Wouldn't this require him to enter the US? His problem is that if he leaves without a Re-Entry Permit, he can't get back in. So without a Re-Entry Permit, how would he come back to do the biometrics?

Nobody can say "if he leaves without a Re-Entry Permit, he can't get back in". He is a permanent resident. Permanent residents are supposed to be able to leave and enter the US.

A Re-Entry Permit's purpose is to allow entry after an absence of more than 1 year, because the green card itself is already valid for entries after an absence of less than 1 year.

By the time of his biometrics, it would have been less than 1 year after he left, so his green card itself is valid for entry.

Of course, it's always possible for him to lose permanent residence by reason of failure to maintain residence. That is true regardless of whether he has a Re-entry Permit or not.

[aaron2020 11,651]

Nobody can say "if he leaves without a Re-Entry Permit, he can't get back in". He is a permanent resident. Permanent residents are supposed to be able to leave and enter the US.

A Re-Entry Permit's purpose is to allow entry after an absence of more than 1 year, because the green card itself is already valid for entries after an absence of less than 1 year.

By the time of his biometrics, it would have been less than 1 year after he left, so his green card itself is valid for entry.

Of course, it's always possible for him to lose permanent residence by reason of failure to maintain residence. That is true regardless of whether he has a Re-entry Permit or not.

Meanwhile, CBP will refer him to immigration court for abandonment of his green card when he re-enters for his biometrics.

[Dave&Roza 748]

Nobody can say "if he leaves without a Re-Entry Permit, he can't get back in". He is a permanent resident. Permanent residents are supposed to be able to leave and enter the US.

A Re-Entry Permit's purpose is to allow entry after an absence of more than 1 year, because the green card itself is already valid for entries after an absence of less than 1 year.

By the time of his biometrics, it would have been less than 1 year after he left, so his green card itself is valid for entry.

Of course, it's always possible for him to lose permanent residence by reason of failure to maintain residence. That is true regardless of whether he has a Re-entry Permit or not.

You are correct except for the fact that the OP has been warned by CBP that he needs a re-entry permit the next time he leaves the US--especially after not remaining in the US for a significant period of time. His file has been marked as possible abuse of his LPR status as he has spent more time outside the US than inside. The probability that he will end up in front of an IJ should he leave the US for this wedding and try to re-enter is getting close to 1.0--defiantly greater than 0.5.

IMHO, to leave the US with or without a re-entry permit is putting the OP's GC at great risk. I would only leave the US for a family emergency.

Dave

[Hypnos 6,576]

How much time have you spent inside and outside the US since your green card was granted?

[NikLR 13,227]

To be honest, it doesn't sound like you're living in the USA so I can see why the CBP have red flagged your file. Your choice if you want to leave or not understanding the consequences as laid out for you. Unless you are required at this wedding (ie you're a groomsman or bridesmaid or otherwise important part) I can't see why you couldn't skip it. I'm sure whomever is getting married would understand the reason.

[jhn16 0]

I could delay this, worst case scenario. Stay in the US for two more months, apply, go to biometrics, then depart.

It is my wedding I was talking about, sorry for not making it clear.

Then we want to try have a baby, and since we have health problems, doctor advised to try in vitro fertilization. It is free overseas since she has got good insurance. In the US it costs a fortune, we can not afford it, and anyway she doesn't have a green card yet to spend that much time in the US. The whole procedure takes time, a lot of tests are needed before the procedure. It might even not be successful the first time, so we might have to try multiple times.

So I might have to stay overseas for a while the next couple of years.

Should I apply for the reentry permit?

I am afraid not to lose my plane ticket, delay the whole thing, pay lot of money for ticket and rep, and then be denied rep, or, if accepted, denied admission upon my arrival to the US, even with a REP?

Thank you for your replies, please continue posting, I really don't know what to do.

I will try to see an immigration attorney tomorrow

Edited January 10, 2016 by jhn16