Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Help!! Re-entry permit denied. I don't want to lose my green card. What should I do?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Help!! Re-entry permit denied. I don't want to lose my green card. What should I do?

    I am a US permanent resident (green card holder), and my husband is a US citizen. We moved to Japan in October 2016 for his job.
    Before moving, I applied for a re-entry permit. The initial re-entry permit expired in late January 2019. But I applied for a new one in September 2018. I
    wasn't able to travel to the US in September (my husband mailed it during one of his business trips). But I did go there in December 2018 for my biometrics
    appointment. I thought everything was good until I just received a letter in the mail a few days ago saying my application has been denied because I was
    outside the US when it was filed. I have 33 days to appeal.

    I have researched my options, and I think I have 4.

    (1) I can file Form I-290B to appeal. I think the likelihood of winning is very low, is this true?

    (2) I can do nothing for now, then file Form DS-117 to apply for SB-1 returning resident visa when I want to return to the US. Again, I think the likelihood of getting this is very low, is this true? Also, if I wait too long, I'm afraid I might lose my green card.

    (3) I can go to the US and reapply for a re-entry permit. I have a valid green card, but my re-entry permit is expired. Will they let me in if I don't have a valid re-entry permit? Or worse, will they take my green card? If they will let me in without too much trouble, then how long can I wait before I go there and re-apply?

    (4) I can do nothing. I was just in the US 2 months ago and I have a valid green card. So shouldn't I be able to stay outside of the US with nothing except my green card for up to a year? So maybe I can go there this summer, then return annually to reset the 1-year clock?

    I'm sure there are others that have had to deal with this same thing. Can anyone give me advice?

    C999

  • #2
    Denied Reentry Permit after being explicitly told by the US consulate that it was ok

    I have a similar issue so I'm very interested to know if you find a solution. I check and doubled checked with the US consulate in Rome who said in a series of emails that I could apply while abroad and do my biometrics in Rome. Now my application has been denied likely for the reason that I was abroad and I'm trying to understand what recourse I have considering that I got explicit consent from the US consulate.

    Comment


    • #3
      Originally posted by C999 View Post
      I am a US permanent resident (green card holder), and my husband is a US citizen. We moved to Japan in October 2016 for his job.
      Before moving, I applied for a re-entry permit. The initial re-entry permit expired in late January 2019. But I applied for a new one in September 2018. I
      wasn't able to travel to the US in September (my husband mailed it during one of his business trips). But I did go there in December 2018 for my biometrics
      appointment. I thought everything was good until I just received a letter in the mail a few days ago saying my application has been denied because I was
      outside the US when it was filed. I have 33 days to appeal.

      I have researched my options, and I think I have 4.

      (1) I can file Form I-290B to appeal. I think the likelihood of winning is very low, is this true?

      (2) I can do nothing for now, then file Form DS-117 to apply for SB-1 returning resident visa when I want to return to the US. Again, I think the likelihood of getting this is very low, is this true? Also, if I wait too long, I'm afraid I might lose my green card.

      (3) I can go to the US and reapply for a re-entry permit. I have a valid green card, but my re-entry permit is expired. Will they let me in if I don't have a valid re-entry permit? Or worse, will they take my green card? If they will let me in without too much trouble, then how long can I wait before I go there and re-apply?

      (4) I can do nothing. I was just in the US 2 months ago and I have a valid green card. So shouldn't I be able to stay outside of the US with nothing except my green card for up to a year? So maybe I can go there this summer, then return annually to reset the 1-year clock?

      I'm sure there are others that have had to deal with this same thing. Can anyone give me advice?

      C999
      My recommendation would be to go for options 3 or 4. 1 & 2 are very low probability. No one but an immigration court judge can take your GC away. You should be good for option 4. Letting in anyone other than a citizen is at the discretion of the CBP officer. Having said that, you should have no problems getting in, since you have been in the US just a couple of months ago, which would have reset your clock. Even otherwise, usually GC holders who demonstrate strong ties to the US are let in with a warning even after long absences.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Thanks for the help. I will try to make an appointment at the US Embassy here to ask them about this. It sounds like Option 4 will probably work fine. I just want to make sure there isn't some specific date I need to travel back there by.

        C999

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X