Please help - Reentry permit DENIED!

[C&I 17]

Dear all,

 

Hope you are having a good day!

 

I need urgent advice on this very complicated situation I am in right now. If anyone already went through this or has experience with the topic, I would be happy to have your feedbacks!

 

Long story short. I was living in the US and got my permanent Green Card in 2019. 

 

In 2021, I filed for the reentry permit (I-131) because me, my American husband, and our daughter, we came to my home country, Switzerland, and I anticipated staying more than 12 months. We didn't exactly know how long we would stay because of various reasons. So, to be on the safe side, I applied for the permit. 

 

I knew I had to physically be in the US to file for the reentry permit that is why I sent my application while in the US. I sent it on October 28, 2021 (I have the USPS receipt) and USCIS cashed my check on November 2, 2021. I left the US on October 29, 2021. 

 

Just two weeks after, I received the letter from USCIS saying I don't have to give my biometrics because they already have it. Just wait for the decision. In my application, I indicated that I wanted my permit to be sent to the local embassy in Switzerland because that is one of the option when you are abroad. I knew it woud take quite some time to receive a decision because of the backlog at USCIS.

 

So, I waited 17 long months and yesterday, I got their letter saying my case was denied. I'm in disbelief!

 

The reason is: 

"USCIS records indicate you departed the United states on October 29, 2021 and you have not returned. USCIS records further indicate that you filed your application for reentry permit on November 2, 2021."

 

Why do they mention that I filed on November 2? I sent everything on October 28. Is the date of reception at USCIS the date of filing? 

 

I'm lost. I want to appeal because there must be a way out of this. Also, how many times can one file for this permit? If I appeal and it gets denied, can I file again next time I'm in the US?

 

Thank you in advance! 

 

[Pinkrlion 2,610]

Yes the date they received it is the filing date. Since u left before they received it. They consider it not filed according to law and they denied your petition. 

[SteveInBostonI130 3,319]

NOA date is the date that USCIS receives your petition. It is not the date that you mailed the petition or the date that USPS delivers your petition.

 

It could have been sitting on a pile for a few days before a processor opened it and logged the file.

 

It is advised to wait for biometrics when filing the re-entry permit, or for the notice that biometrics will be waived, before travelling.

 

You are still an LPR.  I would suggest you to return to the US as soon as you can.  Explain the situation to CBP when asked.  Do not get pressured into signing the I-407.  

 

I do not believe you can appeal.

[C&I 17]

Thanks for the replies. 

 

So I can still go to the US with my Green Card although my reentry permit got denied? 

 

Am I allowed to enter the country and stay?

 

 

 

 

[SteveInBostonI130 3,319]

28 minutes ago, C&I said:

Thanks for the replies. 

 

So I can still go to the US with my Green Card although my reentry permit got denied? 

 

Am I allowed to enter the country and stay?

 

 

 

 

Yes.

Yes.

 

Only the courts can take away your status as a legal permanent resident.  You could be waived through with a few questions, you could be sent to secondary, you could be given a hard time, and you could be given an NTA.   As long as you do not sign a I-407, you are still an LPR.

[C&I 17]

Ok, thanks for the clarifications.

 

Sounds risky to just move back the whole family to the US knowing that I could face issues with my Green Card... Because of course, we never know what will happen at CBP! I knew about not signing the I-407. And I would not like to have to deal with the courts once I'm there because what if they then decide to revoke my status? I would have to leave the US... Just very complicated!

 

What are the options I have in this case? Can I just go to the US  let's say, next month, and file again for a reentry permit (and waiting for USCIS receives it) - just to make sure I am covered? Our plan is to move back to the US in the next few months.

 

 I read about the Return permit for residents. That could be an option but I also read it is very hard to get it. Any inputs? 

[Dashinka 23,274]

1 minute ago, C&I said:

Ok, thanks for the clarifications.

 

Sounds risky to just move back the whole family to the US knowing that I could face issues with my Green Card... Because of course, we never know what will happen at CBP! I knew about not signing the I-407. And I would not like to have to deal with the courts once I'm there because what if they then decide to revoke my status? I would have to leave the US... Just very complicated!

 

What are the options I have in this case? Can I just go to the US  let's say, next month, and file again for a reentry permit (and waiting for USCIS receives it) - just to make sure I am covered? Our plan is to move back to the US in the next few months.

 

 I read about the Return permit for residents. That could be an option but I also read it is very hard to get it. Any inputs? 

Personally, if you are planning on moving back in the next few months, maybe come a few weeks early to get the home ready.  I wouldn't worry about coming back to apply for a re-entry permit since your plans are to come back soon.  If you have proof you maintained a residence in the US, or have one set for the move back bring that with you.  Roll the dice, and you will probably be fine.  There have been stories of LPRs out of the US for much longer periods that just came back.

 

Good Luck!

[C&I 17]

Hey, thanks for your input!

 

Really?! I didn't know people actually move back just like that.  I can easily prove that I filed taxes from abroad and that I have a job and house ready in the US. 

 

Just scary to move back without the proper document though.

[Mike E 11,723]

14 minutes ago, C&I said:

Sounds risky to just move back the whole family to the US knowing that I could face issues with my Green Card...

Risky compared to what?

 

The risk multiplies each day you wait to come back to the U.S. 

14 minutes ago, C&I said:

 

Because of course, we never know what will happen at CBP! I knew about not signing the I-407. And I would not like to have to deal with the courts once I'm there because what if they then decide to revoke my status? I would have to leave the US... Just very complicated!

Then book a flight back to usa now and come back. Then file properly file re-entry permit,

 

I have seen cases of people gone for  over 5 years who cone back, with no questions asked, and are admitted as returning residents.
 

 

 

 

 

 

[Dashinka 23,274]

12 minutes ago, Mike E said:

Risky compared to what?

 

The risk multiplies each day you wait to come back to the U.S. 

Then book a flight back to usa now and come back. Then file properly file re-entry permit,

 

I have seen cases of people gone for  over 5 years who cone back, with no questions asked, and are admitted as returning residents.
 

 

 

 

 

 

Any advantage of coming through a land border with Canada?

[Mike E 11,723]

Just now, Dashinka said:

Any advantage of coming through a land border with Canada?

Depends on the POE. Some are reputed to have a policy of no I-407s. The problem is the travelers who report this, refuse to name the POE. 
 

The fact OP mailed I-131 before leaving the U.S. gives weight to a finding that OP did not intend to abandon status. OP should bring evidence I-131 was mailed from  inside the U.S. before OP left the U.S. 

[C&I 17]

So what happens when people are let in the country and then have to go to the immigration court to fight their case? They have to prove that the intent was not to abandon the GC?

 

Also, do you feel like a Return permit for residents would be a waste of time here? 

 

Again, the plan is to move back to the US soon. We will do so as soon as we secure new jobs in the US, which can happen sooner than later. 

 

It would be very difficuld and embarassing if I go there, start a new job, settle everything, and after a while I am being deported because my status gets revoked 😲

[Mike E 11,723]

8 minutes ago, C&I said:

So what happens when people are let in the country and then have to go to the immigration court to fight their case? They have to prove that the intent was not to abandon the GC?

yes

8 minutes ago, C&I said:

 

Also, do you feel like a Return permit for residents would be a waste of time here?

SB-1? Yes both a waste of time and dangerous. Some applicants have had their green cars taken from them and SB-1 denied. Total lack of due process.  

 

 

8 minutes ago, C&I said:

 . 

 

It would be very difficuld and embarassing if I go there, start a new job, settle everything, and after a while I am being deported because my status gets revoked 😲

You are married to an American citizen. What would a CBP officer or immigration judge think will happen if your LPR status revoked?

 

Answer: they know your lawyer will file an I-485 package so that you get a new gc.

 

Giving you an NTA is a waste of time. I am not saying it is impossible. But it is illogical. 
 

I became interested in this topic after I started reading here in 2017, and out of dozens of stories of successful returns, since then (some of which were because I and others urged the LPR to just get on a pkabe) I know of just one where an NTA was issued:

 

If you get an NTA, you have an option to avoid embarrassment: leave, and file for a consular IR-1 visa and have your lawyer dismiss the NTA.

[C&I 17]

Thanks again for these feedbacks. They are very helpful!

 

So you think that in my case, appealing the denial of USCIS is a waste of time and money? If CBP brings up this denial, I can just explain that my intention was to return but I did not file correctly?

 

I understand it doesn't make any sense to file for a SB-1 return.  Filing for a IR-1 visa also makes no sense, since I still have a valide GC.

 

Would be interesting to know which POE are "safer" for people like me 😑 like @Dashinka mentionned.

[Verrou 1,899]

it's waste of money to appeal. if CBP bring the denial, just explain to them. 

highly unlikely u are going to have issue. there's couple of people i knew went outside US for over 2 years, came back with GC that still valid, the CBP person only grumbled a little but then said "welcome back" and let her in

 

like u said, u are going back soon, so just come back soon with ur family. there's no "safer" POE, it really depend which officer you got, not state/city specific. officer might have bad day, good day, who knows