Reentry Permit Denied by USCIS and Re-applying Question ?

[Airman 35]

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 November 29, 2023 by Airman

[Boiler 43,486]

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.

 

 

[OldUser 4,855]

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 November 30, 2023 by OldUser

[Airman 35]

@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.

[OldUser 4,855]

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 November 30, 2023 by OldUser

[Chancy 6,233]

*** Moved from General Immigration-Related Discussion to Working & Traveling During US Immigration, where similar topics about international travel for LPR and re-entry permit application are discussed ***

 

[Boiler 43,486]

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.