Traveling to the US a few days after re-entry permit expires

[AmericaninEurope 0]

Hello!

 

My spouse, who got her green card a few years ago through marriage to me, and who got a 2-year re-entry permit when we moved to Europe about 2 years ago, is traveling back to the US with me for a visit. We will be entering the country a few days after her re-entry permit expired. We were planning on going much earlier, but COVID made that impossible.

 

I think technically CBP could be concerned about the expired re-entry permit and consider that she might have abandoned her long-term residency. Does anyone have recent experience with how travel is handled during COVID times? Are the rules a bit more relaxed?

 

More generally, we're thinking of just returning to the US every 6 months instead of trying to get another re-entry permit, and would love to hear if that has worked for others.

 

Thank you very much for your help!

[Allaboutwaiting 2,500]

The reentry permit will have expired by the time you both arrive, so yes, CBP agents will consider the residence abandoned.

 

Entry is granted -though not guaranteed- when the reentry permit is valid.

 

She might get asked to fill an I-407, which she can refuse. Things can escalate to immigration court. 

 

So, if you can move at least her trip to BEFORE the reentry permit expires, you'll save yourself a lot of the hassle you'll very likely face.

[pushbrk 12,122]

1 hour ago, Allaboutwaiting said:

The reentry permit will have expired by the time you both arrive, so yes, CBP agents will consider the residence abandoned.

 

Entry is granted -though not guaranteed- when the reentry permit is valid.

 

She might get asked to fill an I-407, which she can refuse. Things can escalate to immigration court. 

 

So, if you can move at least her trip to BEFORE the reentry permit expires, you'll save yourself a lot of the hassle you'll very likely face.

That could be what happens but each entry is a judgment call.  Considering COVID related issues CAN BE part of that judgment call, but it would still be best for her to return before the permit expires.  Just entering every six months is not a good idea.  It's more complicated than this, but the concept is to spend more time in the USA than out, in order to be considered "residing" unless there's a re-entry permit.

[AmericaninEurope 0]

Thank you both for your very helpful replies!

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.