Enter to the USA while re-entry permit in process?

[Michilcha 0]

Hello friends! 

First, I just wanted to thanks in advance to this lovely community 💜 

 

A little about my status: I am currently working abroad since Feb 2023 until Feb 2024 as a deployed delegate for an US company. I'm permanent resident (conditional, based marriage) since March this year. I got it while overseas.

 

My issue!: I'll be back to the USA next week, and will stay there for 5-6 weeks (until biometrics) to apply for the reentry permit but was hoping someone could provide advice if that is necessary because I will only be abroad for 11 months (as LPR) when my work contract ends, should I still apply for reentry? 

 

I asked USCIS agent and told me that estimated processing times is 17 months, so I'm worried 😕 maybe I can extend my contract but definitely not enough to cover all the months, and, overall, I have a conditional LPR, 2 years, so I have to be back before March 2025... If I decide to return to the USA, let's say in March - April 2024, with a pending reentry application, would I be ok?

 

Thanks in advance!

 

Michelle

[Mike E 11,723]

13 minutes ago, Michilcha said:

should I still apply for reentry? 

Yes, because CBP generally suspects abandonment of LPR status after 181 or more consecutive days of absence.

 

14 minutes ago, Michilcha said:

I asked USCIS agent and told me that estimated processing times is 17 months, so I'm worried

That soon? IMO most are never approved before the 24 months.

 

Any way it does not matter. You can leave the U.S. once you have your I-131 receipt,

 

When you enter 11 months later, have the receipt ready if CBP complains about your 11 month absence. Refuse to sign I-407. If they take your gc they must give you an I-551 stamp and a notice to appear (NTA) in immigration court. Your re-entry permit application receipt is solid evidence you did not intend to abandon your LPR status. You will win in immigration court. 

[lcsbr 2]

On 6/12/2023 at 4:26 PM, Michilcha said:

Hello friends! 

First, I just wanted to thanks in advance to this lovely community 💜 

 

A little about my status: I am currently working abroad since Feb 2023 until Feb 2024 as a deployed delegate for an US company. I'm permanent resident (conditional, based marriage) since March this year. I got it while overseas.

 

My issue!: I'll be back to the USA next week, and will stay there for 5-6 weeks (until biometrics) to apply for the reentry permit but was hoping someone could provide advice if that is necessary because I will only be abroad for 11 months (as LPR) when my work contract ends, should I still apply for reentry? 

 

I asked USCIS agent and told me that estimated processing times is 17 months, so I'm worried 😕 maybe I can extend my contract but definitely not enough to cover all the months, and, overall, I have a conditional LPR, 2 years, so I have to be back before March 2025... If I decide to return to the USA, let's say in March - April 2024, with a pending reentry application, would I be ok?

 

Thanks in advance!

 

Michelle

I think its not worth it to pay $660 dollars for a reentry permit....Also, there is no guarantee that the biometrics appointment gonna be in 5-6 weeks. It can take, 4 months, for example, or they can just "waive" ( re-use ) your fingerprints

I really don't believe that you gonna have any problem returning to the US without a reentry permit ( travel under 12 months )

 

My experience: my job sometimes needs me to stay long time overseas.

 

Im got my green card in 2018. in 2019 I stayed 11 months overseas..... in 2021 I stayed, again, 11 months overseas...

They did not ask me anything coming back....

 

but...

 

This year ( 2023 ) I stayed 4 months overseas, when I came back ( last week, ) the CBP agent  first question was( and that was super weird ) : - do you still live here? ( was weird because he asked me that before he "scanned" my documents /  ( I really believe they have face recognition and he knew my situation before I gave them my documents.....maybe not...but it was super weird ). then he asked me where I was going, why I was overseas, and If Im leaving the country, again, soon.

 

So I decided to apply for a reentry permit coz if my company decides to send me overseas again, I get some "protection" with the reentry permit

 

But Im just sharing my experience...your situation is very different. 😄

 

 

 

 

 

[lcsbr 2]

On 6/12/2023 at 4:47 PM, Mike E said:

Yes, because CBP generally suspects abandonment of LPR status after 181 or more consecutive days of absence.

 

That soon? IMO most are never approved before the 24 months.

 

Any way it does not matter. You can leave the U.S. once you have your I-131 receipt,

 

When you enter 11 months later, have the receipt ready if CBP complains about your 11 month absence. Refuse to sign I-407. If they take your gc they must give you an I-551 stamp and a notice to appear (NTA) in immigration court. Your re-entry permit application receipt is solid evidence you did not intend to abandon your LPR status. You will win in immigration court. 

Mike, in your opinion....if its taking 24 months to get approved......during this time, before the approval, you still need to come back every 180 days??....or you think with the reentry permit pending is OK to wait for the approval (?).....or do I still need to come before 365 days.....Im just curious....

[Mike E 11,723]

2 hours ago, lcsbr said:

during this time, before the approval, you still need to come back every 180 days??

Not in my opinion