can application be denied if I leave the country after fingerprints were taken?And How do they know I was in the country?

[ros88 12]

can application be denied if I leave the country after fingerprints were taken?And How do they know I was in the country?

 

I have applied for a reentry permit on October 5 2020.

In the form when they ask planned dates for the trip I wrote 20 November 2020 (thinking biometric would have been by then).

Of course they did not comem by that day and I have patiently wait in the US for the biometrics.

 

They took my bio on January 2021 And I left the country in May (so I totally changed my trip dates in order to wait for the process).

 

My application is still pending.

My question is, Can they deny my application because i wrote early dates for the intended departure?

Are they going to check that instead I DID NOT leave before the biometrics were taken?

And How are they going to check?

 

I am so stressed out for the situation.

Please any feedback is really appreciated.

 

Thank you!!!!

 

 

 

Edited June 17, 2021 by ros88

[Mike E 11,725]

Based on your timeline you have pending AOS application and you do both have a valid advance parole document.  
 

You left the USA without an AP document.  You won’t be readmitted and your AOS will be considered abandoned.  

[USC4SPOUSE 506]

51 minutes ago, ros88 said:

can application be denied if I leave the country after fingerprints were taken?And How do they know I was in the country?

 

I have applied for a reentry permit on October 5 2020.

In the form when they ask planned dates for the trip I wrote 20 November 2020 (thinking biometric would have been by then).

Of course they did not comem by that day and I have patiently wait in the US for the biometrics.

 

They took my bio on January 2021 And I left the country in May (so I totally changed my trip dates in order to wait for the process).

 

My application is still pending.

My question is, Can they deny my application because i wrote early dates for the intended departure?

Are they going to check that instead I DID NOT leave before the biometrics were taken?

And How are they going to check?

 

I am so stressed out for the situation.

Please any feedback is really appreciated.

 

Thank you!!!!

 

 

 

@ros88, I do not think that you will run into any issues. You did not leave the US before completing your biometrics. You are fine. 

[ros88 12]

31 minutes ago, Mike E said:

Based on your timeline you have pending AOS application and you do both have a valid advance parole document.  
 

You left the USA without an AP document.  You won’t be readmitted and your AOS will be considered abandoned.  

I am actually a 10 years green card holder.

Just forgot to update my timeline, sorry!

[ros88 12]

6 minutes ago, USC4SPOUSE said:

@ros88, I do not think that you will run into any issues. You did not leave the US before completing your biometrics. You are fine. 

Thank you!

 

Just afraid because I have history of travelling abroad for long times (i had some family issues in the past).

But while applying I have been in the US for 7 months and I am now abroad and my trip should be less than 4 months.

 

 

[Timona 3,969]

Why would you apply for re-entry permit if you have 10 year GC that you were just renewing?

 

Maybe I don't understand the process of renewing a 10year GC?

Edited June 17, 2021 by Timona

[USC4SPOUSE 506]

2 minutes ago, ros88 said:

Thank you!

 

Just afraid because I have history of travelling abroad for long times (i had some family issues in the past).

But while applying I have been in the US for 7 months and I am now abroad and my trip should be less than 4 months.

 

 

@ros88 you only need a re-entry permit if you are planning on being outside of the US for longer than 1 year.

[ros88 12]

11 minutes ago, Timona said:

Why would you apply for re-entry permit if you have 10 year GC that you were just renewing?

 

Maybe I don't understand the process of renewing a 10year GC?

Because I travel a lot of overseas for family issues in europe!

[ros88 12]

9 minutes ago, USC4SPOUSE said:

@ros88 you only need a re-entry permit if you are planning on being outside of the US for longer than 1 year.

Yes, but because of my travel history, last time I entered the country the officer reccomend me to get a reentry permit for future trips.

[USC4SPOUSE 506]

7 minutes ago, ros88 said:

Yes, but because of my travel history, last time I entered the country the officer reccomend me to get a reentry permit for future trips.

@ros88, did the officer say that because you had been outside of the US for longer than 1 year?

[ros88 12]

24 minutes ago, USC4SPOUSE said:

@ros88, did the officer say that because you had been outside of the US for longer than 1 year?

They questioned my prolunged absences.

That's why I have applied for a reentry permit even if I will be outside for less than 4 months this time.

Edited June 17, 2021 by ros88

[USC4SPOUSE 506]

28 minutes ago, ros88 said:

They questioned my prolunged absences.

That's why I have applied for a reentry permit even if I will be outside for less than 4 months this time.

Well, I think you should still be fine because you applied for the Re-entry permit and you will only have been outside of the US for 4 months by the time you return. 

 

[Mike E 11,725]

1 hour ago, ros88 said:

I am actually a 10 years green card holder.

Just forgot to update my timeline, sorry!

Cool.

 

There are myths about LPRs leaving the USA and having CBP revoke their LPR status.

 

Read https://www.aila.org/File/Related/18110604b.pdf to get the truth.

 

You should come home as soon as you can though. The USA wants to you spend the majority of your time in the USA.

 

If you have been spending the majority of your time in the USA, maintaining a home, filing tax returns, keeping your state ID current, etc, then ignore idle threats from CBP. Behavior that does not break residency for naturalization purposes isn't behavior that would cause you to lose your LPR status.

Edited June 17, 2021 by Mike E

[ros88 12]

21 minutes ago, Mike E said:

Cool.

 

There are myths about LPRs leaving the USA and having CBP revoke their LPR status.

 

Read https://www.aila.org/File/Related/18110604b.pdf to get the truth.

 

You should come home as soon as you can though. The USA wants to you spend the majority of your time in the USA.

 

If you have been spending the majority of your time in the USA, maintaining a home, filing tax returns, keeping your state ID current, etc, then ignore idle threats from CBP. Behavior that does not break residency for naturalization purposes isn't behavior that would cause you to lose your LPR status.

Dear Mike,

 

I own a house and a business in the US.

I am married to an american citizen who also own a business in the US.

We live in The US my life is there but "unfortunately" I also have my family in Italy and for a family issue I had to spend a lot of time overseas (never more than a year) Then I had to spend more time because of Covid...etc.... so many problems!

But in the last year I have  spent 7 months in The US , now I am abroad but I am planning to go back before 4 months.

Then I should not need to travel overseas anymore (I hope).

 

I applied for this reentry just to make sure to not have issues.

 

I dont know what to do more...I just want to go back home without all this stress

Edited June 17, 2021 by ros88

[USC4SPOUSE 506]

@ros88 only an immigration judge may determine that you have abandoned your LPR status. Even if a CBP officer asks you to fill out and sign form I-407, you may just say "no, thank you. Please give me an NTA (Notice to appear) and you would then get a hearing before an immigration judge. 

 

But you do not have to worry about any of that because you are nowhere near that point. You should be fine returning to the US after your projected 4 month absence.