mmsk

I would suggest to apply for another re entry permit. 

SB-1 visa is not smooth process as you think. You have to convince the consular in order to be approved. 

It is risky to go now after submitting SB1 application. There is no statement declared that but it is no recommended. 

The choice of appearing @ POE and check the possibility to get admitted should be taken before applying for SB1 visa. 
 

Wish you the best 👍

There are some people keep the 2 passports But they don’t travel directly to US from their home country and vice versa. 

for example, 

they travel from US to a country somewhere near their home country. Enter that country then exist to go to their home country . They do the same when they come back to the US. 
 

I believe the I 94 is for international visitors. 
 

regards, 

I hope ur mother will be fine. 

I would suggest u go to see your mother first without applying for re entry permit because like what others said. During that time, re entry permits are taking way long time. I’m not sure if expediting the re entry permit at that time will add a value (It will expire by October 2021 in your case)

come back before ur conditional green card expires then apply to remove the condition. I’m not sure how long removing the condition will take.

after removing the condition, apply for re entry permit, make sure it is accepted by USCIS ( check cashed or receipt notice issued)

You can leave after that then come back to do the biometric then leave again.

it will be expensive journey (3 trips).

best luck and I hope ur mother will be ok. 

If it is temporary, I will recommend re entry permit. If it is not temporary, it is risky. 
 

Like others saying. A re entry permit is always a good idea. 

 

She has 2 options:

- typically she suppose to get SB1 visa.

Or

- she can board a flight to the U.S and try to convince the officer @ the port of entry that she has not abandon her green card if they ask (recommended) 

Nobody can guarantee things here even lawyers can not. In my prospective, being out for less than 6 months should be ok and also it depends on the officer at POE. 

Re entry permit is really helpful if you can get one even if you are not stay out of the US for more than a year countiounisly. It will show the intention of coming back. 

If you plan to stay out of the US for more than 1 Year continuously , you should get re-entry permit after your husband gets his green card.

SB -1 visa is the only solution based on the law.

If I’m in your situation, I will apply for re entry permit and leave the US after completing biometric and choose the option to send the re entry permit to US embassy in New Zealand in the form I-131. He will get his biometric appointment within 90 days after filing I-131 form. 

In his case ( conditional green card), usually the re entry permit will be valid until the conditional green card expire day. 

Just in case if he wants to stay longer than 12 months consecutively with his mom.

I hope that his mom will feel better soon. 

On 5/25/2019 at 4:45 PM, missileman said:

So you think that stepping back inside the US for a week or less every few months over several years meets the requirement of maintaining US residency?

I did not say that it meets the requirement of maintaining residency. What i said that why His wife does not try to come and see what will happen. Logically she has not been out for more than 12 months consecutively. If she came for 1 week or so at some time,  none of us can guarantee if she lost her residency or not. Plus they have some ties in the US and these ties may satisfy the officer at the airport to admit her.

As I know,

1) to apply for SB-1 visa, you have to be out of the states for

- 1 year or more without re entry permit. 

-  2 years or more if you get a re entry permit. 

Under which category should she apply for SB-1 visa 🤔🤔🤔?!!!!

2) the immigration judge is the only person who can revoke the residency. 

There is is no guarantee that she will be admitted or denied entry. It depends on her if she wants to try to  come and see what will happen.

On 5/23/2019 at 8:09 PM, svirac said:

Hi all!

 

I have a question about the Returning Resident Visa and how to best proceed.

 

I'm a US Citizen, and my wife is a US Permanent Resident with a Green Card valid through 2020.

 

In 2012, we moved to Ontario, Canada for a temporary work assignment for my job.  We always intended to return to the US after the assignment was complete.  The assignment became much more long-term than anticipated, requiring us to stay in Canada longer than anticipated.  During which time, my wife became pregnant again, and I ended up losing the job that would have brought me back to the US.

 

Due to the pregnancy as well as being unable to find suitable employment in a short time frame back in the US, I ended up taking another job in Ontario.

 

Long story short, I have finally located an employment opportunity back in the US and we are planning to relocate back to the US as planned, albeit much longer than we anticipated originally.

 

My wife, kids, and I have never been outside the US for any longer than 5 months maximum - so we've never had an actual duration of stay outside the US longer than 6 months, although we did relocate our permanent address to Canada.  We did maintain some financial investments in the US, as well as credit cards (even our Amazon Prime US membership is still active to this day).  We also traveled to the US frequently (hence the fact we were never gone more than a couple months at a time) to visit friends and family.

 

Based on the above, I have a few questions:

1. Since we were never technically outside the US for any period longer than 6 months, does my wife even need to apply for a Returning Resident Visa (SB-1)?
2. If a Returning Resident Visa is required, based on the information above, is my wife eligible for the SB-1 Visa?
3. If my wife is not eligible for a returning resident visa, do we have to redo the process with I-130?  If so, do we have to first submit an I-407?

 

Thank you very much for your help and advice!

Since your wife has not been out of US for more than 12 months consecutively, she will have a good chance to be admitted to the US without applying for SB-1 visa ( I’m assuming).

Canada is not far. Give it a try and good luck.

Regards, 

There are 2 options:

1)

A) Apply for a re entry permit using form I-131. It costs around $660. In the form, mention the reason that you are joining your husband because he wants to attend a university in Canada. If you have 10 years green card, you will be likely approved for 2 years re entry permit.  Before the the 2 years end, come back to the states and apply for another re entry permit and pay the fee again. Most likely you will approved for another 2 years so the total is 4 years. This option will delay your citizenship process if you are thinking of getting one.

B) If you don’t have 10 years green card, the re entry permit will be valid until your conditional green card expire. Then you have to come back to the states to remove the condition. After removing the condition and get 10 years green card, you will be eligible to apply for re entry permit which hopefully will be valid for 2 years at that time.

2) Return your green card and start over again after you decide to move back to the states permanently. 

I highly recommend to avoid coming back every year or 6 months to maintain your status. There is a legal way to maintain your status while you are abroad which is getting re entry permit.

If I’m in your situation, I will go with the 1st option because start over the process again is a nightmare due to the delay in these days.

Good Luck

Congrats. 

They mail green cards through regular mail. 5 days is normal. I got mine after a week or so 

1 minute ago, Lil bear said:

There’s no one at USCIS whose task it is to be to notified when LPRs  leave the  country ! 

They get it automatically 😊

Leaving for a month is not a big issue theoretically. She should be fine and no need for notification 

4 minutes ago, junkmart said:

Agree, but not in the case of the OPs mother who is living in another country in order to run her business in that country.

 

With a good attorney, your friend probably could have won. But you said that your friend with a GC "used to come to the US every 5 months for a few days",  I assume to obtain another re-entry permit to be out of the US for another 5 months. If you repeat that pattern over and over you will draw attention, and like your friend, risk losing your GC. Re-entry permits are not meant so that you can maintain a residence in another country. I'm open to being corrected by a more senior member with more knowledge than myself.

Agree with you. People should not abuse the system.

Re entry permit is for temporary stay out of the US. Plus the beneficiary must comply to US law include paying tax while abroad. It is written in the re entry permit 

3 minutes ago, payxibka said:

A USCIS facility is a USCIS facility wherever it is located.   

 

The question is the ability to walk in

Thanks for clarification.

13 minutes ago, ivantran85 said:

Does anybody know if my mom can do her biometric in Guam. She has appointment in Cleveland Ohio, but GUAM is so much closer to Vietnam

 

If Guam is a US territory, I beleive it is fine but will they accept her walking in biometric? 

I suggest you to ask an expert lawyer to make sure if the USCIS will accept biometric from Guam .

2 minutes ago, junkmart said:

That's what SHOULD happen. If you abuse your green card, it should be taken away. I believe that OPs mother's GC should also be taken away, if she won't do it voluntarily.

 

The purpose of the green card is to live in the US. Not to visit every 5 months to get a re-entry permit so that you can live outside of the US.

re entry permit is a legal way to protect your green card while you are abroad. It is a permission that you get from USCIS after you explain to them the need for it. You pay a fee for it about $600. 

I beleive that we should not judge people negatively if they are using re entry permit. We don’t know what they have been through or why they need it. 

1 minute ago, march16filer said:

I would be very nervous about this, to be honest. CBP are pulling some weird ####### these days.

 

I have a friend who's been a green card holder for years, and used to come to the US every 5 months for a few days and they actually took away her green card at JFK and scheduled an interview with an officer a couple of months after and basically told her "Either you give it up willingly and be able to apply for a US Visa or fight it and you won't be admitted to the US anymore."

I think this was just bullsh*t because a good lawyer could have fought it and won, but, she wasn't up for a fight and they basically scared her.

Coming to US every 5 months or whatever is risky. That’s why I recommend to apply for re entry permit for any person who plans to be out of the states for long time.

YOU RIGHT. If your friend fought for it, she may kept it but it is all depends on the immigration judge and the us ties that your friend will present in front of the judge. It will be complex but not impossible.

2 minutes ago, march16filer said:

I didn't know that she can pick up the permit at a US embassy. I thought it had to be here.

Yes she can but she has to select that option in the re entry permit form

21 hours ago, march16filer said:

She has to be present in the US while applying for the reentry permit. I know someone whose application for a reentry permit was denied because they were not in the US when they applied. 

I agree with you. She must be in the US while filing until USCIS receives her application then she can leave and come back for biometric. In the re entry permit form she can can ask to pick up her re entry permit at the nearest US embassy to her

I would suggest her to keep applying for re entry permit while she is abroad. Visiting every 5 or 11 months will put her residency in a risk. 

It may work or may not. 

Best Luck