US green card reentry

[lambard]

I am US green card holder. I was in US last year, 2021. I had applied for reentry permit in June 2021 (Form I-131, Application for Travel Document) that allows one to stay outside US for upto 2 years. I had applied for it before leaving US last year. I got the application receipt and also biometric was waived. I left US after that around 29th July 2021. I am still abroad and the case status is still pending. I am about to complete 1 year. Should I go back to US just to maintain my green card validity? Or I need not travel to US, since the reentry permit will likely get approved soon.

[Mike E]

You have to return by May 2023

[lambard]

Thanks a lot Mike for your reply. I was eagerly looking for a response. It seems you are pretty sure about it.
So, practically there are all chances that I-131 will get approved?
I was away from US in 2020 also for almost 11.5 months. I hope that will not affect the outcome?

[Kudla]

I am US green card holder. I was in US last year, 2021. I had applied for reentry permit in June 2021 (Form I-131, Application for Travel Document) that allows one to stay outside US for upto 2 years. I had applied for it before leaving US last year. I got the application receipt and also biometric was waived. I left US after that around 29th July 2021. I am still abroad and the case status is still pending. I am about to complete 1 year. Should I go back to US just to maintain my green card validity? Or I need not travel to US, since the reentry permit will likely get approved soon.

You have to return by May 2023

I had applied for re-entry permit around July 2021 and traveled out of US in August 2021. But, as my re-entry application is pending for more than 8+ months, I returned back in April 2022 to be on the safer side.

I am of the opinion, unless your re-entry permit is approved, you should travel back to states before you complete one year of absence.

[lambard]

Thanks a lot Kudla for sharing your experience.
Mike would you like to rebut?

Really looking for some affirmative response soon. I would want to avoid travel if it is unnecessary.

Given that USCIS allows travel after I-131 receipt has been acknowledged and biometric has been done - I tend to feel that one should not have to return for 2 years, and need the approval only for reentering purposes.

[lambard]

Any help here? Thanks.

[Kudla]

I got an RFE on my re-entry permit application and they have asked me to send them latest photos. It seems they can NOT reuse the photos on their records. So even if they resuse the biometrics, chances are that they may ask you to send fresh photos.

[Mike E]

Thanks a lot Kudla for sharing your experience.
Mike would you like to rebut?

Really looking for some affirmative response soon. I would want to avoid travel if it is unnecessary.

Given that USCIS allows travel after I-131 receipt has been acknowledged and biometric has been done - I tend to feel that one should not have to return for 2 years, and need the approval only for reentering purposes.

USCIS is taking years to issue re-entry permits. It is illogical that an LPR would have to wait for permit to be issued to travel.

https://www.uscis.gov/sites/default/...uides/B5en.pdf makes it clear that you can file I-131 and then leave.

“If you stay outside of the United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status. ”

It even gives you the option of having your permit delivered to your embassy of choice. If you decide to return before your 2 years, great. Your I-131 receipt is evidence you did not intend to absorb status.

I think your confusion is that you think:

* returning every 180 or 364 days or
* holding a re-entry permit

are silver bullets that will ward off all possibility of getting an NTA. These actions will not. You can be gone from the USA for a day and get an NTA (improbable as that might be). You can be gone 10 years and get neither NTA nor secondary. It is impossible to predict.

A re-entry permit, returning more frequently than 2 years less a day, etc are things that will reduce odds of an NTA.

If you care about naturalization you should come back every 180 days.

[Lambstat]

I am in the same situation with father. Applied December 3, 2021 and fingers was waived. He has been out the country since January 2022 and still no response. He is marking 1 year soon and we don’t know if he has to come back before the year or the receipt he received was sufficient as an approval for 2 years. Anyone knows?

[Lambstat]

USCIS is taking years to issue re-entry permits. It is illogical that an LPR would have to wait for permit to be issued to travel.

https://www.uscis.gov/sites/default/...uides/B5en.pdf makes it clear that you can file I-131 and then leave.

“If you stay outside of the United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status. ”

It even gives you the option of having your permit delivered to your embassy of choice. If you decide to return before your 2 years, great. Your I-131 receipt is evidence you did not intend to absorb status.

I think your confusion is that you think:

* returning every 180 or 364 days or
* holding a re-entry permit

are silver bullets that will ward off all possibility of getting an NTA. These actions will not. You can be gone from the USA for a day and get an NTA (improbable as that might be). You can be gone 10 years and get neither NTA nor secondary. It is impossible to predict.

A re-entry permit, returning more frequently than 2 years less a day, etc are things that will reduce odds of an NTA.

If you care about naturalization you should come back every 180 days.

have you gotten any straight answer?

[Mike E]

have you gotten any straight answer?

I’m not asking any questions.

[yxc94550]

I applied in late June 2021, got the note about my fingerprints was waived in July 2021, I left the US in late February 2022 back to my country doing a year long compulsory military service so I can get my passport renewed in order to move up with my career, my service request date was up in August and submitted the request for my case, and have heard nothing so far. I’m planning on being back to the US by May 2023 as soon as I complete my service and get my passport renewed.

Anyone know how long will it take for CIS to respond the service request? I assume the re-entry permit is not the priority and that is why it is taking so long?

[Mike E]

I applied in late June 2021, got the note about my fingerprints was waived in July 2021, I left the US in late February 2022 back to my country doing a year long compulsory military service so I can get my passport renewed in order to move up with my career, my service request date was up in August and submitted the request for my case, and have heard nothing so far. I’m planning on being back to the US by May 2023 as soon as I complete my service and get my passport renewed.

Anyone know how long will it take for CIS to respond the service request? I assume the re-entry permit is not the priority and that is why it is taking so long?

You might never get your re-entry permit. Simply not a priority for USCIS. Priorities are N-400 and EB I-485 cases.

[sonicview]

I had applied for re-entry permit around July 2021 and traveled out of US in August 2021. But, as my re-entry application is pending for more than 8+ months, I returned back in April 2022 to be on the safer side.

I am of the opinion, unless your re-entry permit is approved, you should travel back to states before you complete one year of absence.

you seems to return back after 8th month. Was there any issue at POE? We are in same boat. We are outside for 11 months, and our reentry permit application is still pending. Should we come back before 12 month Mark or wait for permit to get approved. If we come back now then we have to leave USA again soon, due to parents health issue and we are taking care of mother fighting with stage 4 cancer.

[Kudla]

you seems to return back after 8th month. Was there any issue at POE? We are in same boat. We are outside for 11 months, and our reentry permit application is still pending. Should we come back before 12 month Mark or wait for permit to get approved. If we come back now then we have to leave USA again soon, due to parents health issue and we are taking care of mother fighting with stage 4 cancer.

I would return before 12 months and then travel back, based on the need.

At POE, they wanted to know about my travel and the reason for the same. Once explained, I was waived in without much further ado.