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  • Reentry after reentry permit has expired

    Hello, and thank you for your help in advance.

    I am a US citizen, as well as my two children.

    My wife, however, is a green card holder and we have been living abroad for about a year now. We did get her a reentry permit, and it expires next year at the end of July.

    Because of my employment situation, I might not receive severance if I leave before August so I am wondering.. will my wife run into issues when we reenter the States next August, after the reentry permit has expired, even though the rest of the family are US citizens?

    I don't know if it helps, but we filed taxes jointly for 2016 and we have an address in the States (my brother's place). Her name is also on our children's birth certificates.

  • #2
    Yes, it's an issue. A green card is only valid for re-entry after an absence of less than 1 year. So the green card itself is not valid for re-entry; if the re-entry permit also is not valid for re-entry (because it is expired), then she will have no document that allows her to re-enter.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Don't take any chances with this. Let her come back before you. The chances of her being refused entry is way too high. She will loose her Green Card and be stuck outside of the country.
      Not legal advice.

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      • #4
        Legally speaking she should have the re-entry permit. the 6 month mark, 1 year, and 2 year mark are important of being outside.
        Question, in the entire time you have been outside of the US, were there any brief trips into the US?
        Question, during your time abroad US taxes were filed every year with her listed?
        At our POE, I had a guy that was out 2 years and 3 months, no re-entry permit, no sb1 visa, and we just admitted him as a returning resident. Went up to the 2nd line scbpo, the chief on duty. After the 2 year mark, technically you need to do a new medical, and that is the need for the sb1 visa. I've always believed that only one re-entry permit could be obtained, but i have seen someone with 2 back to back, so you could go that route, but most people aren't out a flat 2 years, they do make brief trips into the US, which resets the clock, legally speaking.

        Worst case on re-entry, you get a hardass that sends her to secondary, and they ask if she wants to 407, they claim she needs a i-193 waiver and want to collect some $$, or do the NTA. Choose the NTA. It is a huge inconvenience but the judge wont take the card.

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        • #5
          Originally posted by paroot View Post
          Legally speaking she should have the re-entry permit. the 6 month mark, 1 year, and 2 year mark are important of being outside.
          Question, in the entire time you have been outside of the US, were there any brief trips into the US?
          Question, during your time abroad US taxes were filed every year with her listed?
          At our POE, I had a guy that was out 2 years and 3 months, no re-entry permit, no sb1 visa, and we just admitted him as a returning resident. Went up to the 2nd line scbpo, the chief on duty. After the 2 year mark, technically you need to do a new medical, and that is the need for the sb1 visa. I've always believed that only one re-entry permit could be obtained, but i have seen someone with 2 back to back, so you could go that route, but most people aren't out a flat 2 years, they do make brief trips into the US, which resets the clock, legally speaking.

          Worst case on re-entry, you get a hardass that sends her to secondary, and they ask if she wants to 407, they claim she needs a i-193 waiver and want to collect some $$, or do the NTA. Choose the NTA. It is a huge inconvenience but the judge wont take the card.
          Hello, and thank you for your helpful response.

          To answer your questions,

          1. There was a brief visit to Guam, but not mainland US. I don't know if that counts.

          2. The taxes were filed during our time abroad, with both our names on the documents.

          Do you suggest that we get a SB1 visa just to be sure?

          If we need to visit the US to reset the clock, does Hawaii/Saipan/Guam count? It's closer to our location so it would be more convenient.

          Thanks again for sparing your valuable time.

          Comment


          • #6
            Originally posted by paulnabon View Post
            Hello, and thank you for your helpful response.

            To answer your questions,

            1. There was a brief visit to Guam, but not mainland US. I don't know if that counts.

            2. The taxes were filed during our time abroad, with both our names on the documents.

            Do you suggest that we get a SB1 visa just to be sure?

            If we need to visit the US to reset the clock, does Hawaii/Saipan/Guam count? It's closer to our location so it would be more convenient.

            Thanks again for sparing your valuable time.
            As far as immigration law is concerned, Guam, the Northern Marianas, Puerto Rico, and the US Virgin Islands are all part of the US. Only American Samoa isn't. But immigration officers do not look favorably upon permanent residents taking brief visits to the US every once in a while.

            This is my personal opinion and is not to be construed as legal advice.

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