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Arriving in the USA after 1.2 years, with a valid re entry. Possible complications ?

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  • Arriving in the USA after 1.2 years, with a valid re entry. Possible complications ?

    Hello everyone,
    i was hoping to find a little advice and guidance. I left the US after giving my fingerprints in August 21, received my re entry permit after a month with validity of two 2 years. Now i am going to back to the US after 1.2 years but after reading that you could be still denied entry in the US on other reasons i am a little anxious.
    I did file my taxes in 2021, but did not in 2022. Other than that i have a bank account, drivers license , my daughter goes to preschool in the US , my wife lives there but visited me during this trip etc etc.

    I was hoping anyone could guide on how likely it is if they denied me entry at the port and how should i go about it when im with the CBP.

    Thanking you all.
    cheers
    hamza

  • #2
    Originally posted by hs123 View Post
    Hello everyone,
    i was hoping to find a little advice and guidance. I left the US after giving my fingerprints in August 21, received my re entry permit after a month with validity of two 2 years. Now i am going to back to the US after 1.2 years but after reading that you could be still denied entry in the US on other reasons i am a little anxious.
    I did file my taxes in 2021, but did not in 2022. Other than that i have a bank account, drivers license , my daughter goes to preschool in the US , my wife lives there but visited me during this trip etc etc.

    I was hoping anyone could guide on how likely it is if they denied me entry at the port and how should i go about it when im with the CBP.

    Thanking you all.
    cheers
    hamza
    if you are an LPR you cannot be denied entry. Only a judge can do so. Or you file I-407.

    You followed prosper procedure and obtained a re-entry permit. When you return to the USA the only question is whether you will processed as

    (1) as an arriving alien whom CBP suspects of abandoning LPR status (improbable given your re-entry permit) or

    (2) a returning resident

    If (1) three things will likely happen:

    A. You will have been pressured to sign I-407. Do not. Refuse to do so. Your case is strong.

    B. Your green card will be taken and you will be given an I-551 stamp in return. I don’t think your re-entry permit will be taken, but just to be safe make sure you have a complete copy of it, both in your phone and in the cloud. Ditto your gc

    C. You will be given a notice to appear (NTA) where DHS will try to argue you abandoned LPR status and should be deported. Don’t panic. Your re-entry permit is strong evidence you did not intend to abandon status and instead it is evidence you intended to retain. LPR status. You are going to win in court. You will need a lawyer.

    If (2), this is a normal outcome if any returning LPR.

    Don’t be surprised or nervous that you end up in secondary inspection.

    You imply that haven’t filed your 2021 taxes yet in 2022. This is not good, and you should file now, before you return to the U.S.



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