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  • Denied Reentry Permit (urgent)

    I have applied for a reentry permit my third time.
    Just like before, I sent out my application while abroad and came to u.s. for the biometric appointment.
    USCIS denied my reentry permit because I applied for reentry permit on June 12th, 2017 but came to u.s. on July 7th, 2017.
    I had my biometric appointment on July 13th, 2017.
    I have 30 days to appeal this decision. I have to file form I290B and pay $675
    I don't understand how can they use this reason to deny me if before I and many others could apply for a reentry permit this way.

    What should I do?
    I am really concerned about this matter because I am abroad right now.
    Last edited by lilyg; 09-24-2017, 12:46 PM.

  • #2
    I found previous decisions from USCIS site where they listed people with similar case appeals. Most appeal cases get denied. I won't spend money on lawyers and appeal fee.

    Comment


    • #3
      If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate.

      I could not find anything about getting done what you want, every website i visit says something similar, you need to be in u.s to do the biometrics and appeal seems likr a waste of time and money because you don't fulfill the requirements in the first place, i'm also interested to know what would happen in this case to avoid that happening to me so wait for some of the experts answer from this forum.

      Comment


      • #4
        Originally posted by Evilex View Post
        If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate.

        I could not find anything about getting done what you want, every website i visit says something similar, you need to be in u.s to do the biometrics and appeal seems likr a waste of time and money because you don't fulfill the requirements in the first place, i'm also interested to know what would happen in this case to avoid that happening to me so wait for some of the experts answer from this forum.
        Thank you for taking the time to answer.
        It seems that appealing my case with USCIS is futile and a big waste of money and time.
        I checked the USCIS's past decisions on appeals. They dismissed most appeals (rejected). There were 3 people with the same case as mine. USCIS stated that previous reentry permits that were approved cannot be used as supporting argument because each reentry permit application is treated separately.
        Here is the page:
        The Administrative Appeals Office (AAO) generally issues our appellate decisions as non-precedent decisions, which apply existing law and policy to the facts of a given case. After review by the At


        I came to U.S. for my biometric appointment and did it successfully, but this does not matter to USCIS. USCIS has issue with me filing the I-131 form from abroad. USCIS are more strict now and require you to be in U.S. while filing the form. USCIS looks at the date you filed I-131 Form and when you arrived in U.S.

        I decided to take my chances and go back to U.S. without a returning resident visa and an expired reentry permit. I will tell the officer at the port of entry that I came back to U.S. to reapply for my reentry permit because I was denied. I have been away from U.S. since Sep 4th, 2017.
        I will reapply for a reentry permit again. Do you think I can reapply right away?

        Comment


        • #5
          since i am new to this Re-entry permit thing, i have not been aware that back then, USCIS allows re-entry permit application when the applicant is not on US soil. And now, it is clearly stated one MUST BE ON US SOIL before filing I 131.

          When was the last trip you had into the US and when did you go abroad? Do you have a valid GC with you?

          Originally posted by lilyg View Post
          I have applied for a reentry permit my third time.
          Just like before, I sent out my application while abroad and came to u.s. for the biometric appointment.
          USCIS denied my reentry permit because I applied for reentry permit on June 12th, 2017 but came to u.s. on July 7th, 2017.
          I had my biometric appointment on July 13th, 2017.
          I have 30 days to appeal this decision. I have to file form I290B and pay $675
          I don't understand how can they use this reason to deny me if before I and many others could apply for a reentry permit this way.

          What should I do?
          I am really concerned about this matter because I am abroad right now.

          Comment


          • #6
            Denied Reentry Permit after being explicitly told by the US consulate that it was ok

            I just checked my status and see that I have been denied my reentry application. I see on this forum that they seem to deny if you apply from abroad. In my case my wife and I were on vacation to Italy where she is from and found out she has terminal cancer and needed immediate treatment. We don't know how long she requires treatment and so are pretty much stuck here (we've already been here for 6 months) so I applied for the reentry permit. I contacted the Rome consulate to find out if it was possible for me to apply from abroad and they said it was (I have a long string of emails from them) and they said it was ok for me to do the biometrics in Rome at the consulate. I'm seeing everywhere that USCIS never gives refunds and never changes their decisions but this is unacceptable. I have paid money (over $1,000 including flights and accommodation), followed the explicit instructions of the US government and now I'm being told that they're just going to take my money and run. This is absurd.


            Originally posted by lilyg View Post
            I have applied for a reentry permit my third time.
            Just like before, I sent out my application while abroad and came to u.s. for the biometric appointment.
            USCIS denied my reentry permit because I applied for reentry permit on June 12th, 2017 but came to u.s. on July 7th, 2017.
            I had my biometric appointment on July 13th, 2017.
            I have 30 days to appeal this decision. I have to file form I290B and pay $675
            I don't understand how can they use this reason to deny me if before I and many others could apply for a reentry permit this way.

            What should I do?
            I am really concerned about this matter because I am abroad right now.

            Comment

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