Back to back re-entry permits

[ordjnb 43]

Hi Forum, 

 

Are there any instances of the I-131 Reentry Permit getting denied for reasons other than not paying the fee correctly, not being in the country at the time of application or missing the biometrics appointment? 
 

Can you get rejected for being outside the country too long, for example? 
 

I understand that if you’ve been out 4 years you’ll only get one year permit. What I’m trying to understand is if it’s worth the risk of bringing my parents into the US temporarily while they wait for the reentry permit (which is risky as they haven’t lived in the US for nearly the entirety of their LPR status and the current administration) or risking staying abroad - which has its own risk as reentry permits taking 1.5 years and being out for over a year can invalidate their status. 
 

Any instances of denial other than what I mentioned can be helpful in my determination of what to do.
 

thanks 

[Crazy Cat 44,129]

 How long have they been outside the US? Sounds like they might have already abandoned their Green Cards.  Even returning could pose some risk of being sent before an immigration judge.

Edited Friday at 12:36 PM by Crazy Cat

[Edward and Jaycel 1,788]

54 minutes ago, ordjnb said:

they haven’t lived in the US for nearly the entirety of their LPR status

 

Depending how long they have had their LPR status, this may have already constituted abandonment of that status. CBP takes very seriously (no matter what administration is currently in charge) living almost entirely outside the US when you are a LPR.

[JeanneAdil 7,031]

If you read thru the instructions for the I 131 you will see answers to your query

 

4  years?

 

https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf

 

Lawful permanent residents and conditional permanent residents may apply for a Reentry Permit. The alien must be physically present in the United States when they file the Reentry Permit application and complete the biometric services requirement. After filing the application for a Reentry Permit, USCIS will inform the alien in writing when to go to their local Application

 

Notice to lawful permanent residents or conditional permanent residents concerning possible abandonment of status: If the alien does not obtain a Reentry Permit, lengthy or frequent absences from the United States could be factors supporting a conclusion that the alien has abandoned their lawful permanent resident or conditional permanent resident status. If DHS determines, upon their return to the United States, that the alien has abandoned their lawful permanent resident or conditional permanent resident status, the alien may challenge that determination if they are placed in removal proceedings.

 

 

[Boiler 47,248]

Whats the plan?

[Crazy Cat 44,129]

4 hours ago, ordjnb said:

as they haven’t lived in the US for nearly the entirety of their LPR status

and they have 10 year Green cards?  Where are they living?  What have they done to maintain residency?

[JeanneAdil 7,031]

If lucky enough to get to immigration court the following are the big concerns"

 

with filing taxes the big one

• Intent when leaving the country: Did the individual intend to return to the U.S. at the time of their departure?
• Employment abroad: Did the individual take a job abroad that suggests a long-term commitment outside the U.S.?
• U.S. business affiliations: Have they maintained or severed business ties in the U.S.?
• or property holdings in the United States: Do they still own a home or property in the U.S.?
• Payment of U.S. taxes: Have they continued to file and pay taxes in the U.S.?
• Length of time in the United States: This is another aspect of the overall pattern of residence.
• Community ties developed before the departure: Did they have established connections within U.S. communities?
• Maintenance of a bank account, club memberships, or other social ties within this country: Do they still have U.S. bank accounts or social connections?
• U.S. residence of other immediate family members during this period: Are their close family members residing in the U.S.?
• Certain conduct while outside the United States: Have they engaged in any activities abroad that might indicate an intent to reside there permanently? 

[ordjnb 43]

To be clear, I’m not asking about what CBP will determine. Of course there is extra scrutiny there about abandonment of status. I’m asking specifically about from USCIS’s point of view, will they deny a permit based on any reasons outside of procedural issues. In other words, if they applied for a reentry permit while physically present in the US and completed the biometrics and the checks cleared, are there any reasons to deny an application, and has there been cases of this? 
 

I’m not here to ask about whether or not my parents have abandoned their status. There’s a whole back story about why they haven’t been able to move here, and they’ve filed their taxes. Entering when they finally move to the US and having CBP will be its own thing. 

[Boiler 47,248]

Not that I am aware of

[Crazy Cat 44,129]

28 minutes ago, ordjnb said:

To be clear, I’m not asking about what CBP will determine. Of course there is extra scrutiny there about abandonment of status. I’m asking specifically about from USCIS’s point of view, will they deny a permit based on any reasons outside of procedural issues. In other words, if they applied for a reentry permit while physically present in the US and completed the biometrics and the checks cleared, are there any reasons to deny an application, and has there been cases of this? 
 

I’m not here to ask about whether or not my parents have abandoned their status. There’s a whole back story about why they haven’t been able to move here, and they’ve filed their taxes. Entering when they finally move to the US and having CBP will be its own thing. 

I would think the length of time already spent outside the US might have an effect on a USCIS decision regarding a re-entry permit.  Good luck on your quest.

 

[mitzab 318]

(c) Ineligibility —

 

(1) Prior document still valid. An application for a reentry permit or refugee travel document will be denied if the applicant was previously issued a reentry permit or refugee travel document which is still valid, unless it was returned to USCIS or it is demonstrated that it was lost.

(2) Extended absences. A reentry permit issued to a person who, since becoming a permanent resident or during the last five years, whichever is less, has been outside the United States for more than four years in the aggregate, shall be limited to a validity of one year, except that a permit with a validity of two years may be issued to:

(i) A permanent resident described in 8 CFR 211.1(a)(6) or (a)(7);

(ii) A permanent resident employed by a public international organization of which the United States is a member by treaty or statute, and his or her permanent resident spouse and children; or

(iii) A permanent resident who is a professional athlete who regularly competes in the United States and worldwide.

(3) Permanent resident entitled to nonimmigrant diplomatic or treaty status. A permanent resident entitled to nonimmigrant status under section 101(a)(15)(A), (E), or (G) of the Act because of occupational status may only be issued a reentry permit if the applicant executes and submits with the application, or has previously executed and submitted, a written waiver as required by 8 CFR part 247.

(d) Effect of travel before a decision is made. Departure from the United States before a decision is made on an application for a reentry permit or refugee travel document will not affect the application.

(e) Processing. USCIS may approve or deny a request for a reentry permit or refugee travel document as an exercise of discretion. If it approves the application, USCIS will issue an appropriate document.

(f) Effect on proceedings. Issuance of a reentry permit or refugee travel document to a person in exclusion, deportation, or removal proceedings shall not affect those proceedings.

(g) Appeal. Denial of an application for a reentry permit or refugee travel document may be appealed in accordance with 8 CFR 103.3.

 

 

 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-223/section-223.2

[mitzab 318]

From what I found in the USCIS Policy Manual, Vol. 9, Part C, and based on attorney experiences shared through reddit forums, denial rates for reentry permits are low and typically tied to fraud or failure to follow procedure. So yes, it’s generally worth bringing someone into the U.S. to apply, even after years abroad, if they still hold LPR status and can show ongoing ties (like filing U.S. taxes). The bigger risk lies with CBP at reentry and not with USCIS denying the permit, and I believe this is what other members are inclined in their responses as well. 

[ordjnb 43]

3 hours ago, mitzab said:

From what I found in the USCIS Policy Manual, Vol. 9, Part C, and based on attorney experiences shared through reddit forums, denial rates for reentry permits are low and typically tied to fraud or failure to follow procedure. So yes, it’s generally worth bringing someone into the U.S. to apply, even after years abroad, if they still hold LPR status and can show ongoing ties (like filing U.S. taxes). The bigger risk lies with CBP at reentry and not with USCIS denying the permit, and I believe this is what other members are inclined in their responses as well. 

Thank you. This is clear, and agreed it’s the CBP that I’m worried about but I’m working on that as a separate case. Just to make sure we don’t risk loss of their green cards just to enter the US when they aren’t planning to move yet, just incase a reentry permit gets denied. 

[Cathi 5,839]

Green cards are for living in the U.S.

[Crazy Cat 44,129]

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