Options after Re-entry permit denied

[MandS2016 1]

Hello,

 

My wife (greencard holder) and I (us citizen) have been living abroad for the past 21 months due to my work. Before leaving I filed paperwork for a re-entry permit. Unfortunately that request was denied because it was received 3 days after we had left the USA.

 

I believe there are two options:

1. Apply for SB1 return visa at the consulate...her reason for being outside would be my work abroad. It takes a lot of time and resources (medical check again, etc..) to go through

2. Travel to USA and explain the situation to the immigration officer. We have a home still in the USA, as well as bank accounts, etc. We also have a US citizen 5 yr old son.

 

I am hoping to get any comments here on the effort it takes for getting a SB1 return visa. I would also love to hear the cons for option 2: would they send her back given her situation or give us a court date to explain the situation to a judge?

 

Any wisdom/advice is appreciated.

 

[OldUser 5,098]

Just come to the US ASAP.

 

If she has a valid GC, there's 90% chance she can just come through. No need to explain anything to anybody unless asked.

 

Then she can stay in the US until she naturalizes. She can file N-400 4 years and 1 day after coming back.

 

Good luck!

 

[nastra30 2,044]

8 hours ago, MandS2016 said:

2. Travel to USA and explain the situation to the immigration officer. We have a home still in the USA, as well as bank accounts, etc. We also have a US citizen 5 yr old son.

Option 2. Travel to USA but don't volunteer to explain anything unless you are specifically asked by the officer. 

Is it a 10 year greencard?

[Crazy Cat 39,665]

8 hours ago, MandS2016 said:

Hello,

 

My wife (greencard holder) and I (us citizen) have been living abroad for the past 21 months due to my work. Before leaving I filed paperwork for a re-entry permit. Unfortunately that request was denied because it was received 3 days after we had left the USA.

 

I believe there are two options:

1. Apply for SB1 return visa at the consulate...her reason for being outside would be my work abroad. It takes a lot of time and resources (medical check again, etc..) to go through

2. Travel to USA and explain the situation to the immigration officer. We have a home still in the USA, as well as bank accounts, etc. We also have a US citizen 5 yr old son.

 

I am hoping to get any comments here on the effort it takes for getting a SB1 return visa. I would also love to hear the cons for option 2: would they send her back given her situation or give us a court date to explain the situation to a judge?

 

Any wisdom/advice is appreciated.

 

You have a 10 year card.  Go with option #2.  Don't offer any information unless asked.  Refuse to sign an I-407.  Good luck.

[MandS2016 1]

11 hours ago, nastra30 said:

Option 2. Travel to USA but don't volunteer to explain anything unless you are specifically asked by the officer. 

Is it a 10 year greencard?

Thanks for your reply. She has a 10 yr greencard.

[MandS2016 1]

11 hours ago, Crazy Cat said:

You have a 10 year card.  Go with option #2.  Don't offer any information unless asked.  Refuse to sign an I-407.  Good luck.

I appreciate your reply. Thanks.

[MandS2016 1]

19 hours ago, OldUser said:

Just come to the US ASAP.

 

If she has a valid GC, there's 90% chance she can just come through. No need to explain anything to anybody unless asked.

 

Then she can stay in the US until she naturalizes. She can file N-400 4 years and 1 day after coming back.

 

Good luck!

 

Thanks for your reply.