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Enter US while waiting for Re-Entry Permit?

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  • Enter US while waiting for Re-Entry Permit?

    Wife is Canadian, in Canada now having applied for a Re-Entry Permit to stay in Canada for 2 years and not lose GC status. (She applied for her Re-Entry while in the US; no biometrics is needed as they said they will use her existing biometrics; after she applied she went back to Canada).

    Can she enter the US for medical treatment for a day or two and come back to Canada while her Re-Entry Permit application is still in process?

  • #2
    Sure. As a US permanent resident, she can use her valid green card to enter the US after an absence of less than 1 year.

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

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    • #3
      Originally posted by newacct View Post
      Sure. As a US permanent resident, she can use her valid green card to enter the US after an absence of less than 1 year.
      She's been absent cumulatively more than a year, but she entered the US last in July (they did not rescind her green card even tho she had been absent since March 2020).

      I just want to be sure her re-entry permit application would be in tact if she crossed the border (and back) in a day or two.

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      • #4
        Originally posted by tennisboy19 View Post
        Wife is Canadian, in Canada now having applied for a Re-Entry Permit to stay in Canada for 2 years and not lose GC status. (She applied for her Re-Entry while in the US; no biometrics is needed as they said they will use her existing biometrics; after she applied she went back to Canada).

        Can she enter the US for medical treatment for a day or two and come back to Canada while her Re-Entry Permit application is still in process?
        Do you mean I-131 or SB-1?


        How long has she been out of the USA?

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        • #5
          Any one want to live more than 6 months outside of USA, then you would probably need to apply for reentry permit before you leave US.

          Usually I-131 processing time is 10 to 14 months depend on the consulate. Looks , I-131 is in process and you have been out for more than 1 year so sit tight for few months in Canada mean while you will get the "trave;/reentry document". If it is urgent, you may try to travel to US but immigration officer will defintely stop and question for extended stay. If he notice, you have doing this consistently , he may warn and put ARC in the passport and may allow . Your advantage is that, you had applied for Rentry document which is in-progress so show the receipt of I-131 and tell some good reasons why you had to be out of country .

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