Re-entry Permit - Lost in Mail

[gnasa 3]

A search of threads didn't yeild any info on my specific question of what to do next.

Does anyone have any experience with a successful Re-entry Permit application and then never receiving it? They say it was sent but we never received it... With further inquiry they told us (spouse of US citizen) to just apply for another one; however, we are now abroad on a temp work assignment.

Thanks for your advice!

[rika60607 215]

I can not help you, but I must say - this is rich!

So they issued it, they lost it and you get to re-apply.

May be it is worth checking with the US embassy in the country you are currently at? You may get a returning resident visa instead of the re-entry permit and since you have the record of being approved for re-entry permit, you must have not lost your status.

Please tell us how this story develops!

A search of threads didn't yeild any info on my specific question of what to do next.

Does anyone have any experience with a successful Re-entry Permit application and then never receiving it? They say it was sent but we never received it... With further inquiry they told us (spouse of US citizen) to just apply for another one; however, we are now abroad on a temp work assignment.

Thanks for your advice!

[w8inglongtime 29]

A search of threads didn't yeild any info on my specific question of what to do next.

Does anyone have any experience with a successful Re-entry Permit application and then never receiving it? They say it was sent but we never received it... With further inquiry they told us (spouse of US citizen) to just apply for another one; however, we are now abroad on a temp work assignment.

Thanks for your advice!

You can also do an email enquiry to USCIS about the status of the permit. The response obviously will say you were approved. Take that email to the U.S embassy in the country you're in and get a returning visa like the above poster suggested. Good luck.

[gnasa 3]

To follow-up, we completed an InfoPass appointment at Embassy in country where we are located... The officer could verify that the Re-Entry Permit was granted and issued. However, if it was lost in mail and not returned to sender then they can null that one and reissue another and send it to our local US Embassy for pickup. Whew! We are however approaching quickly the 6-month threshold of being outside country without a reentry permit, I hope we receive it before any unplanned travel to the US.

thanks for the advice!

[Brother Hesekiel 2,236]

To follow-up, we completed an InfoPass appointment at Embassy in country where we are located... The officer could verify that the Re-Entry Permit was granted and issued. However, if it was lost in mail and not returned to sender then they can null that one and reissue another and send it to our local US Embassy for pickup. Whew! We are however approaching quickly the 6-month threshold of being outside country without a reentry permit, I hope we receive it before any unplanned travel to the US.

thanks for the advice!

The Reentry Permit is needed once you are outside the US for 1 year, not 6 months. All this information is at your fingertips and I'm surprised that you did not look this up before going on a long trip.

[gnasa 3]

The Reentry Permit is needed once you are outside the US for 1 year, not 6 months. All this information is at your fingertips and I'm surprised that you did not look this up before going on a long trip.

Just Bob - while I appreciate your advice and correct me if I'm wrong, I think the policy of USCIS is - if LPR is out of USA for 6 months < LPR < 1 year time frame there is a reasonable suspicion of abandoned residency.

I would recommend to other US green card holders that if they plan to be out of the US anytime to think about being prepared to provide proof they haven't abandoned residency (which essentially a re-entry permit does for the > 1 year time frame until its expiration, which is typically 2 years) as USCIS actions/attitudes/mis-information seem to be unpredictable! My understanding is at 6 months out, the 'abandoned residency' suspicion starts. I don't want to start a discussion about the in-and-outs of maintaining residency but if you don't temporarily live in the US, work and maintain a residence abroad temporarily, they may try to take your GC if you don't have a re-entry permit and your out >6 months.

FYI, I left out details regarding the length of my abroad work assignment... I'm a US citizen, my wife has a conditional GC, and I'll be working abroad for longer than 1 year - we've moved and don't have a residence in the US at this time. Technically you have 1 year to be outside the US without a re-entry permit before abandoning residency, however USCIS can consider any amount of time they please when they deem you to having abandoning residency, including your past travel history. It may be that 6 months out is a timing threshold where USCIS's suspicion starts. Regardless, we do require a re-entry permit to maintain/waive the residency requirement of the US green card. The whole process gets fuzzy for me when we need to remove conditions from abroad, which I'll research at that time.

I'm just trying to play by their rules, keep my family together, and work in my chosen field, at times I go back an forth about just surrendering the GC and getting another one when we move back to the US, it may be the least costly and simplest option...

Edited February 2, 2011 by gnasa

[jogi 0]

To follow-up, we completed an InfoPass appointment at Embassy in country where we are located... The officer could verify that the Re-Entry Permit was granted and issued. However, if it was lost in mail and not returned to sender then they can null that one and reissue another and send it to our local US Embassy for pickup. Whew! We are however approaching quickly the 6-month threshold of being outside country without a reentry permit, I hope we receive it before any unplanned travel to the US.

thanks for the advice!

I am in a similar situation i.e. re-entry permit approved but seems to have been lost in the mail. The agent at my infopass appointment wasn't too helpful.

But, may be you can help: How do I get to null the original re-entry permit? Who should I call or write? Thanks.

[gnasa 3]

I am in a similar situation i.e. re-entry permit approved but seems to have been lost in the mail. The agent at my infopass appointment wasn't too helpful.

But, may be you can help: How do I get to null the original re-entry permit? Who should I call or write? Thanks.

At our infopass appointment we simply stated the clear relevant facts and timeline to the officer with clear questions (I think they really appreciate efficiency and professionalism, even though they are not at times) and they explained to us that the re-entry permit was in fact issued and hasn't been returned to sender. If it is deemed lost in the mail, then they will cancel the original and reissue one sent to our local Embassy. This would all be done internally to USCIS I assume.

We went the infopass at embassy with 2 specific questions in mind: 1. can they reissue the re-entry permit because we never received it? OR 2. can we apply for re-entry permit (and do the fingerprinting) at local embassy? Flying back to the US and waiting for USCIS processing is not an option for us.

For you, if possible, I would schedule another infopass and try again, unfortunately I feel like it's like trying to role a hard 6 to get immigration officers to help and clarify their misleading rules...

OR if you are the spouse of a US citizen that is registered to vote somewhere, contact your congressmen.

OR there are an abundant amount of lawyers in the US.

Hope this is some help for you, post back and let everyone know the outcome.

[gnasa 3]

I want to follow up to let everyone know that they do not re-issue 'lost in the mail' re-entry permits. In the end the USCIS at the Embassy was wrong... Our re-entry permit will not be reissued.

Please find copied below the reply we received from the Nebraska Service Center:

“Sent: Tuesday, March 15, 2011 10:11 PM

To: Rome, USCIS

Subject: RE: Re-entry permit LINxxxxxxxxxxxx

The travel document was mailed to her address in XXXXXXXXXXXXX, CA on Sept 14, 2011. Since the document was not returned to our office as undeliverable we assume it was delivered. The only way we can produce another document is if she files a new application (with fee)”.

We apologize if you were given a different information when showing up at our office. In the past they use to issue a new travel document but we assume that their procedures have changed.

Regards,

USCIS Rome, Italy

I'm not sure what to do now. Thanks for your input.

[agmehta 1]

Gnasa ..

I had applied for my re entry permit as well. I got an email from the Nebraska center that the re entry permit was issued and delivered to me on 24th dec 2011 at my US address mentioned on the form. They also gave me USPS tracking number..The tracking number says USPS delivered it to my residential address in US..which i dont agree.

However i am outside US (in london)..and please advise what did you do..as I am into a similar situation..

Agm

[gnasa 3]

agmehta - we had to travel back to the US to apply for another re-entry permit.

See relevant thread here: http://www.visajourney.com/forums/topic/326877-re-entry-permit-applied-after-departure/

I want to note that technically you don't need a re-entry permit until your more than 1 year outside of the US. However, greater that 6 months seems to trigger a reasonable suspicion of abandoned residency. A re-entry permit is only one of the steps you can take in order to preserve your US 'residency'.

[VanessaTony 3,567]

agmehta - we had to travel back to the US to apply for another re-entry permit.

See relevant thread here: http://www.visajourney.com/forums/topic/326877-re-entry-permit-applied-after-departure/

I want to note that technically you don't need a re-entry permit until your more than 1 year outside of the US. However, greater that 6 months seems to trigger a reasonable suspicion of abandoned residency. A re-entry permit is only one of the steps you can take in order to preserve your US 'residency'.

No it doesn't trigger a "reasonable suspicion" it just CAN be used against you. In actuality they can use any period against you if they believe you're trying to circumvent immigration laws. For instance leaving for 4 months, back for 2 weeks, gone for 4 months, back for 2 weeks etc. They can look at your pattern and determine that you've abandoned residency. You then go before an immigration judge to plead your case and prove you didn't. They can't just take your GC on the spot unless you sign it over (which people have been "tricked" into before).

Six months isn't a big scary number, but it is number where you should make sure you've filed any taxes, paid your rent/mortgage and all that other stuff to make sure you can prove that you're maintaining residency. It is HIGHLY unlikely they would use one 6 month period against you, the patterns are what matters, as well as the 12 month "deadline".

Edited January 3, 2012 by Vanessa&Tony

[Samikitty 0]

This has happened to me too! the mail is missing and no one takes responsibility! My mom left the country more than 6 months ago to do her retirement works done! Now the tracking number shows it had been delivered but it was never! they refuse to even look for it at the post office! I filed a claim several times! Im really stressed out! nothing works. Its not just the cost of another reentry permit but travel and all and its very very very disappointing and cruel! If a country is so irresponsible for its mistakes, is it worth living in! I have had nothing but troubles in the offices in the US and I feel discriminated!

[TBoneTX 45,303]

Thread from 2011 is now closed to further comment.