Do we need a Re-Entry permit into the US?

[Sebas&Lily 3]

Hello all, it has been a while since I stopped by here to ask a question . My wife has her conditional Green Card since last December I believe and she left the US in February of this year, 2011, to take care of things back home (mother was sick, sell her car that she still had a loan on and tie loose ends). Well it's taking her a while and I have decided to take a vacation and join her here in Romania until after New Years 2011. If we return by February 2012, do we still need a re-entry permit? Does this permit have a certain numbered name like the other forms? What happens if we leave after February 2012 to go back to the US? They are basically just going to question her why she stayed for so long or should we expect something harsher? I don't expect any issues at POE but it's always best to be certain and maybe hear others who have gone through the same experience as us. Thank you!

[Little_My 464]

Since she will be abroad for over - or very close to - a year, she will need a re-entry permit to not risk losing her GC. She cannot apply for it abroad though, I think.. and she will definitely have to come her for her biometrics. From what I remember reading here, she does not have to be physically in the US when the card is issued, but she'll need to have a US address to which it can be mailed, and then somehow get it to her in Romania before she returns.

[CanadaLove 16]

If I were in your situation, I'd apply for the re-entry permit just to be on the safe side if you're planning on returning by Feb, and DEFINITELY if you're returning after February. I'm not sure of the form name, though.

[hikergirl 277]

USCIS website From what I can see, the I-131 must be filed for prior to leaving the country. But this page has all the info for you as well as a link on the right for the form.

[Enigma11561 336]

May I ask why she took almost one year to "tie up loose ends"? Thats a long time to be separated from each other. Can't you come back a bit sooner and avoid all the hassles?

[gnasa 3]

My wife and I were outside of the US for ~10 months and re-entered without issue. I'm a US citizen and wife has a conditional GC. At port of entry at JFK we experienced no issues or additional questions, I accompanied her through the GC-holder line.

With that said, we did apply for a re-entry permit during that trip and she later flew back to US to complete the biometrics appointment. We obtained a REP because this is the best way I know of to show USCIS our time abroad is temporary and our intent is to reside within the US.

See my posting here: www.visajourney.com/forums/topic/326877-re-entry-permit-applied-after-departure/page__p__4871900#entry4871900

If she stays outside of US for greater than 1 year without a Re-Entry permit, her GC is automatically invalid and you'll have to start the LPR-Immigration process from the beginning OR obtain an SB-1 visa from the consulate abroad (somewhat difficult) before attempting to enter the US.

So she must travel back to the US before the 1 year anniversary of her departure date to either apply for an REP (form I-131, ~$485 dollars) or to 'enter and stay'. OR get an SB-1 Visa after >1 year away.

[Sebas&Lily 3]

hmm almost sounds more complex than it is. I had no idea she had to fill out a re-entry permit (sort of like a AP, Advance Parole which we had before). We were told that she can travel on the conditional Green Card which she already has and she also has had her Biometrics done before she left. She stayed longer because honestly at first, she didn't like it here and wasn't sure if she is coming back. She has a sick mother that she takes care of and also has to sell her car. I came here for a vacation and to be with her and also to return together. I will call the US Embassy tomorrow and see what I can find out. We are planning to leave and return to the US in January. Thank you all for your answers so far.

[Little_My 464]

Yes, she can travel with her GC - but traveling is not the same as living abroad for one year. As a permanent resident she must reside in the US, and being abroad for over a year is considered residing somewhere else and thus abandoning her residence in the US, unless she applies for a re-entry permit.

[Brother Hesekiel 2,235]

Permanent residents can travel, but they have to permanently reside in the U.S., not in Romania. So far your wife lived 3 months in the U.S. and since then in Romania. That's not easy to explain.

I cannot possibly imagine what size the loose ends in Romania must be. As a CBP officer, I would ask her to explain those to me, in great detail. If the CBP officer is not totally satisfied with the answer or feels he has been taken for a ride, he may consider her residency abandoned and ask her to either surrender her Green Card right then and there or put her in a cell to see an immigration judge about that.

A reentry permit needs to be filed when the applicant is in the U.S. (and they know that she wasn't in the U.S. if hubby files it now for her) and she needs to have her biometrics taken of course. So that won't work.

If she returns after a year of absence from the U.S, she most likely won't be admitted back into the U.S. (perhaps paroled in), but she would to start over from scratch. So I suggest her to get back to the U.S. as quickly as possible and stay there for a long time before even considering another "vacation."