Re-entry after expired Re-entry permit

[thefuj46]

I am a US citizen and my wife has a green card.

In 2015 before leaving the US we applied for a re-entry permit around September 2015 (assuming it was for 2 years). I was transferred by my company to our Japan office around Nov 2015.

The re-entry permit actually was only from November 2015 to September 2016 (less than one year). I automatically assumed it meant that we have one year from September 2016 to re-enter the country, because it would not make sense for me to pay hundreds of dollars for <1 year. Since I assume it is fine to leave for that period of time without the re-entry permit to begin with.

In July 2017, we tried to re-enter the country to visit my family. At customs, we were stopped and questioned. They eventually were lenient and let us back in saying that they will use the expiration date for the re-entry permit as the last date we were in the country.

They went onto explain that we would need a CB1 next time we enter.

My wife would like to go back into the US to visit our family with our newborn child. We are starting the process for her birth abroad but her passport may not be completed in time for the trip. Worst case scenario is we plan on using her Japanese passport since it would not require a visa and she should be able to stay 3 months in the country (the trip is 1 month long).

My question is, since the last time she entered/exited the US was in July 2017 and the plan is to go in June 2018, will she be able to enter using her green card?

I am worried they might have some mark on her in the system that says they let her pass once, and without a CB1 will not allow her to re-enter. (If they have such a thing).

If the probably will not let her use the green card this time, can she just line up with the rest of the foreign visitors and come with with her Japanese passport like a tourist? They usually get 3 months with no special visa.

Any help is appreciated. I tried to make an appointment with the local UCSIS office but their appointment system was not working during my trip back last week. If anyone knows a UCSIS e-mail address I can check with that would be appreciated but nothing comes up during my searches.

Thank you

[UScitizenFilingforspouse]

I am a US citizen and my wife has a green card.

In 2015 before leaving the US we applied for a re-entry permit around September 2015 (assuming it was for 2 years). I was transferred by my company to our Japan office around Nov 2015.

The re-entry permit actually was only from November 2015 to September 2016 (less than one year). I automatically assumed it meant that we have one year from September 2016 to re-enter the country, because it would not make sense for me to pay hundreds of dollars for <1 year. Since I assume it is fine to leave for that period of time without the re-entry permit to begin with.

In July 2017, we tried to re-enter the country to visit my family. At customs, we were stopped and questioned. They eventually were lenient and let us back in saying that they will use the expiration date for the re-entry permit as the last date we were in the country.

They went onto explain that we would need a CB1 next time we enter.

My wife would like to go back into the US to visit our family with our newborn child. We are starting the process for her birth abroad but her passport may not be completed in time for the trip. Worst case scenario is we plan on using her Japanese passport since it would not require a visa and she should be able to stay 3 months in the country (the trip is 1 month long).

My question is, since the last time she entered/exited the US was in July 2017 and the plan is to go in June 2018, will she be able to enter using her green card?

I am worried they might have some mark on her in the system that says they let her pass once, and without a CB1 will not allow her to re-enter. (If they have such a thing).

If the probably will not let her use the green card this time, can she just line up with the rest of the foreign visitors and come with with her Japanese passport like a tourist? They usually get 3 months with no special visa.

Any help is appreciated. I tried to make an appointment with the local UCSIS office but their appointment system was not working during my trip back last week. If anyone knows a UCSIS e-mail address I can check with that would be appreciated but nothing comes up during my searches.

Thank you

I am wondering if you meant SB-1 when you said CB1. Your wife is eligible for a returning resident visa SB-1. In a nutshell, if you are a Legal Permanent Resident unable to return to the US within travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.
You do have to attend two interviews and show proof that circumstances beyond your control prevented your return. This way, you will not have to file another I-130 all over again for your spouse and start from scratch. The returning LPR will need to be interviewed for both the application for returning resident status, and usually later for the immigrant visa. (there is also a medical examination requirement). You will also have to show ties to the US (federal income taxes, etc)

Here is the link to that. Read it through it and digest it. You have a solution. It may not fit your current travel plans but there is a solution. ***very important. I would not attempt showing up just with the passport hoping to get a 90 day stay granted upon arrival. Once you're a permanent resident, you're a permanent resident.

https://travel.state.gov/content/tra...-resident.html

Here is the link to the application https://eforms.state.gov/Forms/ds117.PDF

I hope it all works out for you. Best of luck!

- - - Updated - - -

I am a US citizen and my wife has a green card.

In 2015 before leaving the US we applied for a re-entry permit around September 2015 (assuming it was for 2 years). I was transferred by my company to our Japan office around Nov 2015.

The re-entry permit actually was only from November 2015 to September 2016 (less than one year). I automatically assumed it meant that we have one year from September 2016 to re-enter the country, because it would not make sense for me to pay hundreds of dollars for <1 year. Since I assume it is fine to leave for that period of time without the re-entry permit to begin with.

In July 2017, we tried to re-enter the country to visit my family. At customs, we were stopped and questioned. They eventually were lenient and let us back in saying that they will use the expiration date for the re-entry permit as the last date we were in the country.

They went onto explain that we would need a CB1 next time we enter.

My wife would like to go back into the US to visit our family with our newborn child. We are starting the process for her birth abroad but her passport may not be completed in time for the trip. Worst case scenario is we plan on using her Japanese passport since it would not require a visa and she should be able to stay 3 months in the country (the trip is 1 month long).

My question is, since the last time she entered/exited the US was in July 2017 and the plan is to go in June 2018, will she be able to enter using her green card?

I am worried they might have some mark on her in the system that says they let her pass once, and without a CB1 will not allow her to re-enter. (If they have such a thing).

If the probably will not let her use the green card this time, can she just line up with the rest of the foreign visitors and come with with her Japanese passport like a tourist? They usually get 3 months with no special visa.

Any help is appreciated. I tried to make an appointment with the local UCSIS office but their appointment system was not working during my trip back last week. If anyone knows a UCSIS e-mail address I can check with that would be appreciated but nothing comes up during my searches.

Thank you

I am wondering if you meant SB-1 when you said CB1. Your wife is eligible for a returning resident visa SB-1. In a nutshell, if you are a Legal Permanent Resident unable to return to the US within travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.
You do have to attend two interviews and show proof that circumstances beyond your control prevented your return. This way, you will not have to file another I-130 all over again for your spouse and start from scratch. The returning LPR will need to be interviewed for both the application for returning resident status, and usually later for the immigrant visa. (there is also a medical examination requirement). You will also have to show ties to the US (federal income taxes, etc)

Here is the link to that. Read it through it and digest it. You have a solution. It may not fit your current travel plans but there is a solution. ***very important. I would not attempt showing up just with the passport hoping to get a 90 day stay granted upon arrival. Once you're a permanent resident, you're a permanent resident.

https://travel.state.gov/content/tra...-resident.html

Here is the link to the application https://eforms.state.gov/Forms/ds117.PDF

I hope it all works out for you. Best of luck!

[thefuj46]

I am wondering if you meant SB-1 when you said CB1. Your wife is eligible for a returning resident visa SB-1. In a nutshell, if you are a Legal Permanent Resident unable to return to the US within travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.
You do have to attend two interviews and show proof that circumstances beyond your control prevented your return. This way, you will not have to file another I-130 all over again for your spouse and start from scratch. The returning LPR will need to be interviewed for both the application for returning resident status, and usually later for the immigrant visa. (there is also a medical examination requirement). You will also have to show ties to the US (federal income taxes, etc)

Here is the link to that. Read it through it and digest it. You have a solution. It may not fit your current travel plans but there is a solution. ***very important. I would not attempt showing up just with the passport hoping to get a 90 day stay granted upon arrival. Once you're a permanent resident, you're a permanent resident.

https://travel.state.gov/content/tra...-resident.html

Here is the link to the application https://eforms.state.gov/Forms/ds117.PDF

I hope it all works out for you. Best of luck!

- - - Updated - - -



I am wondering if you meant SB-1 when you said CB1. Your wife is eligible for a returning resident visa SB-1. In a nutshell, if you are a Legal Permanent Resident unable to return to the US within travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.
You do have to attend two interviews and show proof that circumstances beyond your control prevented your return. This way, you will not have to file another I-130 all over again for your spouse and start from scratch. The returning LPR will need to be interviewed for both the application for returning resident status, and usually later for the immigrant visa. (there is also a medical examination requirement). You will also have to show ties to the US (federal income taxes, etc)

Here is the link to that. Read it through it and digest it. You have a solution. It may not fit your current travel plans but there is a solution. ***very important. I would not attempt showing up just with the passport hoping to get a 90 day stay granted upon arrival. Once you're a permanent resident, you're a permanent resident.

https://travel.state.gov/content/tra...-resident.html

Here is the link to the application https://eforms.state.gov/Forms/ds117.PDF

I hope it all works out for you. Best of luck!

Thank you very much for your reply. I have been trying to access the link, but maybe since I have only tried it on my phone, I have not been able to get through.

You are correct, I meant SB1.

Since we entered the country last July 2017, if she travels back in June 2018, would she be able to enter like normal? Or would she already require an SB1?

When we offficially move back to the states, I plan on getting the SB1, since this time she is just going for a month to visit, I am hoping she can get in without any problem.

If we did not have the mix up with the re-entry permit and get held up at immigration last time, I would assume there is no problem. However since we had that experience I am trying to figure out all of our options this time.

Thank you

[UScitizenFilingforspouse]

Thank you very much for your reply. I have been trying to access the link, but maybe since I have only tried it on my phone, I have not been able to get through.

You are correct, I meant SB1.

Since we entered the country last July 2017, if she travels back in June 2018, would she be able to enter like normal? Or would she already require an SB1?

When we offficially move back to the states, I plan on getting the SB1, since this time she is just going for a month to visit, I am hoping she can get in without any problem.

If we did not have the mix up with the re-entry permit and get held up at immigration last time, I would assume there is no problem. However since we had that experience I am trying to figure out all of our options this time.

Thank you

Glad to be of assistance!
It sounds like they already gave her a freebie by allowing her to enter last time with an expired re-entry permit. As far as entering as a tourist, I am pretty sure that it would pop up that your wife has a green card. If they think for a moment that you're trying to circumvent the system, that's when it gets complicated.
I have two passports. I would expect that if line up with the tourists they would catch it that I am a US citizen. Since there is an established process in place, and the agent already brought it up, I would get started on the SB-1. It is a two step process and from what I reading, some people are able to get the second step expedited if they give a good enough reason. Thus, regular processing is around 6 months and expedited processing, 3 months. I would even try calling the embassy or consulate that serves your area and asking how long it would take.
To answer your question, technically, yes, if she travels back in June 2018, that would be less than a year. But if you take a look at this brochure from USCIS on re-entry permits. https://www.uscis.gov/sites/default/...urces/B5en.pdf
" A reentry permit can help prevent two types of problems:
? Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United States for 1 year or more.
? Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country. "

If you look at the second bullet point, you'll see that your upcoming trip falls under that category. It's all up to you. I am just making sure you have information available to make a decision.
Alternatively, I suppose every port of entry is different. There is apparently one in El paso, at this national park, where everyone knows you can go renew your I-94. (That information is somewhere here on this forum. Apparently, it's been going on for years. You drop a $5 dollar tip and off you go with a new I-94 to extend your B1/B2 visa) Would it be easier to enter by land? Yes, probably. But I am not advising that. I would not put my spouse through that.

Hope you find a viable solution. All the best.

[thefuj46]

Glad to be of assistance!
It sounds like they already gave her a freebie by allowing her to enter last time with an expired re-entry permit. As far as entering as a tourist, I am pretty sure that it would pop up that your wife has a green card. If they think for a moment that you're trying to circumvent the system, that's when it gets complicated.
I have two passports. I would expect that if line up with the tourists they would catch it that I am a US citizen. Since there is an established process in place, and the agent already brought it up, I would get started on the SB-1. It is a two step process and from what I reading, some people are able to get the second step expedited if they give a good enough reason. Thus, regular processing is around 6 months and expedited processing, 3 months. I would even try calling the embassy or consulate that serves your area and asking how long it would take.
To answer your question, technically, yes, if she travels back in June 2018, that would be less than a year. But if you take a look at this brochure from USCIS on re-entry permits. https://www.uscis.gov/sites/default/...urces/B5en.pdf
" A reentry permit can help prevent two types of problems:
? Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United States for 1 year or more.
? Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country. "

If you look at the second bullet point, you'll see that your upcoming trip falls under that category. It's all up to you. I am just making sure you have information available to make a decision.
Alternatively, I suppose every port of entry is different. There is apparently one in El paso, at this national park, where everyone knows you can go renew your I-94. (That information is somewhere here on this forum. Apparently, it's been going on for years. You drop a $5 dollar tip and off you go with a new I-94 to extend your B1/B2 visa) Would it be easier to enter by land? Yes, probably. But I am not advising that. I would not put my spouse through that.

Hope you find a viable solution. All the best.

Thank you again for the detailed advice.

I will give up on the idea of her lining up with the tourist, that doesn't seem like a viable option.

Again thank you for the detailed advice. It helped to clear up a lot of my questions. I am hoping there will not be any special memo/notice in the system that she once got a "freebie" with the expired re-entry permit. Now I just need to see if my wife wants to take the risk of hitting that second bullet point you mentioned. We have considered the SB-1, however, since when my transfer to Japan will end is not 100% decided, I cannot guarantee we will move back for good one year after using the SB-1 to return in June 2018. I am a little worried it would not look good trying to get one again in a year or so from this trip.

I am going to try to call them, but do you have any advice for which division of the Visa center I should be calling?

https://travel.state.gov/content/trip-cancellation-insurance/en/contact-us/us-visas.html

Above is the list I was able to find, do not know which one would be best to check on re-entering withing 1 year.

Thank you

[UScitizenFilingforspouse]

Thank you again for the detailed advice.

I will give up on the idea of her lining up with the tourist, that doesn't seem like a viable option.

Again thank you for the detailed advice. It helped to clear up a lot of my questions. I am hoping there will not be any special memo/notice in the system that she once got a "freebie" with the expired re-entry permit. Now I just need to see if my wife wants to take the risk of hitting that second bullet point you mentioned. We have considered the SB-1, however, since when my transfer to Japan will end is not 100% decided, I cannot guarantee we will move back for good one year after using the SB-1 to return in June 2018. I am a little worried it would not look good trying to get one again in a year or so from this trip.

I am going to try to call them, but do you have any advice for which division of the Visa center I should be calling?

https://travel.state.gov/content/trip-cancellation-insurance/en/contact-us/us-visas.html

Above is the list I was able to find, do not know which one would be best to check on re-entering withing 1 year.

Thank you

I take that back. I have been thinking and reading more about your options here. I don't think your wife's green card is invalid - just yet. Had the CBP agent believed your wife had abandoned her permanent resident status, he/she would have asked/coerced your wife to sign a I-107 Record of Abandonment of Lawful Permanent Resident Status https://www.uscis.gov/i-407 And that didn't happen.
This is a good document for you to get a sense of what's considered abandonment. ?what is a temporary visit cannot be defined in terms of elapsed time alone.? Page 4/6. https://cliniclegal.org/sites/defaul...R%20Status.pdf Even if she had signed the I-107 - CBP agents can act like you are required to and that is not true, it seems like it takes a lot more than staying outside of the US to be denied entry. At worst, you are allowed in and then issued a NTA (notice to appear). Then, you state your case in front of a judge.
So I am gathering here that they may give you a stern look but you will be armed with tax returns, records of financial ties to the US and proof that your transfer to Japan is temporary and that the law does not specify a time limit when defining a temporary absence. I believe you're good to go. Just try to not cut it too close.
Your wife will also have your US citizen new born who will likely be restless after a long flight and I am willing to bet you anything, no CBP agent will hold her up with a tired newborn.

As soon as you get to the US, please get started on the re-entry permit. The first re-entry permit was issued for less than one year. They're always issued for 2 unless the permanent resident has remained outside of the US for 4 years over the 5 previous years. I don't think that's your case. Thus, it would be wise to call USCIS and ask to speak to a Level 2 officer or supervisor and have them make a note of that or correct it and explain how much trouble and distress that caused you. You were almost harassed.

I would encourage you to look at the naturalization requirements for spouses of US citizens employed abroad. If your employment falls under any of these categories, then the continuous residence and presence is waived for such spouses.. https://hk.usconsulate.gov/wp-conten..._wwwf319_a.pdf You, the US citizen, are required to show that your employment will keep you outside of the US for at least 20 months. That statement is submitted with your wife's N-400.

If your employment does not qualify, then along with the re-entry permit, I strongly recommend that she files the N-470 N-470, Application to Preserve Residence for Naturalization Purposes https://www.uscis.gov/n-470
By filing this form, her time spent abroad will count towards her continuous residence and presence requirement for naturalization purposes.

Again, I am not an attorney. I am actually a health care professional who just likes to be helpful. Just paying it forward.

All the best.

[thefuj46]

I take that back. I have been thinking and reading more about your options here. I don't think your wife's green card is invalid - just yet. Had the CBP agent believed your wife had abandoned her permanent resident status, he/she would have asked/coerced your wife to sign a I-107 Record of Abandonment of Lawful Permanent Resident Status https://www.uscis.gov/i-407 And that didn't happen.
This is a good document for you to get a sense of what's considered abandonment. ?what is a temporary visit cannot be defined in terms of elapsed time alone.? Page 4/6. https://cliniclegal.org/sites/defaul...R%20Status.pdf Even if she had signed the I-107 - CBP agents can act like you are required to and that is not true, it seems like it takes a lot more than staying outside of the US to be denied entry. At worst, you are allowed in and then issued a NTA (notice to appear). Then, you state your case in front of a judge.
So I am gathering here that they may give you a stern look but you will be armed with tax returns, records of financial ties to the US and proof that your transfer to Japan is temporary and that the law does not specify a time limit when defining a temporary absence. I believe you're good to go. Just try to not cut it too close.
Your wife will also have your US citizen new born who will likely be restless after a long flight and I am willing to bet you anything, no CBP agent will hold her up with a tired newborn.

As soon as you get to the US, please get started on the re-entry permit. The first re-entry permit was issued for less than one year. They're always issued for 2 unless the permanent resident has remained outside of the US for 4 years over the 5 previous years. I don't think that's your case. Thus, it would be wise to call USCIS and ask to speak to a Level 2 officer or supervisor and have them make a note of that or correct it and explain how much trouble and distress that caused you. You were almost harassed.

I would encourage you to look at the naturalization requirements for spouses of US citizens employed abroad. If your employment falls under any of these categories, then the continuous residence and presence is waived for such spouses.. https://hk.usconsulate.gov/wp-conten..._wwwf319_a.pdf You, the US citizen, are required to show that your employment will keep you outside of the US for at least 20 months. That statement is submitted with your wife's N-400.

If your employment does not qualify, then along with the re-entry permit, I strongly recommend that she files the N-470 N-470, Application to Preserve Residence for Naturalization Purposes https://www.uscis.gov/n-470
By filing this form, her time spent abroad will count towards her continuous residence and presence requirement for naturalization purposes.

Again, I am not an attorney. I am actually a health care professional who just likes to be helpful. Just paying it forward.

All the best.

Thank you again for your valuable advice. More than anything, just having another person confirm what I assume to be correct, really helps ease my fears/hesitations with sending my wife back for a visit. As you also probably know, sometimes there is a very gray area in the way things are worded so what I assume to be "obvious" isn't always true.

Really appreciate you taking the time to help me with this and I hope I can help someone else in the future as you have helped me.

[UScitizenFilingforspouse]

Thank you again for your valuable advice. More than anything, just having another person confirm what I assume to be correct, really helps ease my fears/hesitations with sending my wife back for a visit. As you also probably know, sometimes there is a very gray area in the way things are worded so what I assume to be "obvious" isn't always true.

Really appreciate you taking the time to help me with this and I hope I can help someone else in the future as you have helped me.

Thefuj46,

I just wanted to check in. How did it go at the Port of Entry?

Best,

USCFFS