Jump to content

7 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Nepal
Timeline
Posted (edited)

Hi, 

 

My sister in law is a US permanent resident since 2018 and does not want to file for citizenship, she just wants to maintain her Green card holder status. Due to her father-in-law's critical illness and her husband being only son, she moved back to home country with her husband and daughter (US citizens) 2 years ago. She travelled back to US and filed for a 2 years reentry permit back in July 2022 via mail and later came back to US again for her biometrics. We just received 'Denial Letter' from USCIS for being out of the country when USCIS received her initial application (She applied on July 13th by mail and flew our of US on 15th July, USCIS received on July 16th).  This looks like a justified denial but now she wants to come back to US and apply again for 2 year reentry permit and make sure USCIS receives her application and complete her biometrics before leaving country again. 

She has spent most of past 2 years out of US (minus 3 short trips to US), my understanding is since she has been living out of country for a while now, she does not have a ground to apply for reentry permit before she lives in US for a year or two or whatever reasonable duration but she seems to insist that USCIS will allow/approve her application if she applies again. Also to add, during her last entry into US, she was questioned and held by CBP for 3 hours for being out of country for extended period of time without having an approved reentry permit.

Any suggestions / opinion or experience in such case ? Please share. 

 

Thank you,

Edited by Airman
Filed: K-1 Visa Country: Wales
Timeline
Posted

It would be a long time before she is eligible for US Citizenship by the sound of it.

 

How long has she been out on the recent trip.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
3 hours ago, Airman said:

Any suggestions / opinion or experience in such case ? Please share. 

Looks like two hard choices:

 

1. Give up LPR to care for father in law

2. Come back to the US and don't leave for at least a year...

 

Is her husband a US citizen who can sponsor her again in the future?

Edited by OldUser
Filed: Citizen (apr) Country: Nepal
Timeline
Posted

@OldUser yes I have also suggested her those choices but she seems to be wanting to travel to US and apply for a re-entry permit immediately. I am not sure how reasonable that is since she has been living outside US for past 2 years already. She wants to travel to US > apply for reentry permit > complete biometrics > leave US > wait for reentry permit approval (15-18 months) overseas.  
& yes, her husband is US citizen, so she has option to apply LPR in future. 

@Boiler Her last trip to US was on Oct 2023 for 3 weeks. Her Denial letter arrived on Nov 1 2023. She doesn't want to pursue citizenship at the moment, neither she is eligible to apply, given her stay requirement not being fullfilled.

Posted (edited)
1 hour ago, Airman said:

@OldUser yes I have also suggested her those choices but she seems to be wanting to travel to US and apply for a re-entry permit immediately. I am not sure how reasonable that is since she has been living outside US for past 2 years already. She wants to travel to US > apply for reentry permit > complete biometrics > leave US > wait for reentry permit approval (15-18 months) overseas.  
& yes, her husband is US citizen, so she has option to apply LPR in future. 

@Boiler Her last trip to US was on Oct 2023 for 3 weeks. Her Denial letter arrived on Nov 1 2023. She doesn't want to pursue citizenship at the moment, neither she is eligible to apply, given her stay requirement not being fullfilled.

Well, considering how the last reentry went (3 hours in secondary), next time she tries to reenter she may be given NTA or CBP will ask her to voluntarily give up the LPR status.

She's doing everything that causes people to lose status. The good news is, as long as she's married to a US citizen, she can pursue residency again.

Edited by OldUser
Filed: K-1 Visa Country: Wales
Timeline
Posted

She does have a USC spouse who can petition for her again in her back pocket, so lets say they do refer her to an IJ he can file a new petition so all a bit pointless.

 

If she leaves then she can consulate process and with the time that takes perhaps she will be ready to move permanently.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...