Ways to get a Re-entry Permit

[elreinero 0]

Hi,

I am a green card holder for 6 years. The last 3 years, I have been living in another country due to employment reasons. I never have been out of USA for more than one year, and those last 3 year I have been entering into usa just for a few days and returning to Argentina after that.

I have 2 options in mind for applying to a Re-entry permit and I would like to know which one are possible.

The First one:

I could send my application to my relatives or friends in the US asking them to send it from post office to USCIS, instead of me traveling to the US to do so (I don’t know if this is possible), filing the application with an US Consulate address here in Argentina on it, and when USCIS sends the date to do Biometrics, fly to USA just to do so.

Second one:

Fly to the US for filing the Re-entry permit application, wait for the Receipt Notice by USCIS, return to Argentina and when USCIS sends the date to do Biometrics, I would go back to USA to do so.

Could you please tell me if both of them are possible?

Thanks in advance.

[gnasa 3]

Hello - I'll refrain from commenting on your travel history and the US residency requirement for the GC, as you do not tell us how you are maintaining residency other than traveling back to the US for a few days (I'm sure others will comment).

Regarding the Re-Entry Permit - As I understand it, you need to be within the US when the USCIS receives the REP application and for the biometrics appointment. It is not possible to apply for a REP from outside the US (Option 1). It can however be sent to a consulate for pick-up once approved and I think there is a section for this on the I-131 application. Please read the I-131 application instructions carefully.

[ceadsearc 516]

You must be in the US to file a re-entry permit so #2 is your only option.

Keep in mind that visiting the US for a short time every year does not maintain status and you may be considered to have abandoned your green card.

[elreinero 0]

Hello - I'll refrain from commenting on your travel history and the US residency requirement for the GC, as you do not tell us how you are maintaining residency other than traveling back to the US for a few days (I'm sure others will comment).

This is why i would like to apply for a re-entry permit. Not all the time i go through Migration, the officer ask me how much time i've spent out of united state, i would say they seldom ask me that question. i never has lied to them, when they ask me i just tell them the truth, i want to be with my wife and i am waiting for her visa to come to united states with me. i know that's no an excuse but i want to be with my wife, i always hope them to understand so. this is how i am maintaining my GC.

Regarding the Re-Entry Permit - As I understand it, you need to be within the US when the USCIS receives the REP application and for the biometrics appointment. It is not possible to apply for a REP from outside the US (Option 1). It can however be sent to a consulate for pick-up once approved and I think there is a section for this on the I-131 application. Please read the I-131 application instructions carefully.

but is it possible my second option ?.

Do they deny Re-entry Permit frequently?, why?.

Thank you for your help and time.

[ceadsearc 516]

Your second option is possible. Re-entry permits can be denied, though they are not routinely denied. A re-entry permit also does not guarantee you will be re-admitted.

You mention you are maintaining your residency by visiting Michigan yearly. What else? Are you paying US taxes, maintaining a residency here, etc.? That is what is being looked for.

[Adriene H 89]

Your second option is possible. Re-entry permits can be denied, though they are not routinely denied. A re-entry permit also does not guarantee you will be re-admitted.

You mention you are maintaining your residency by visiting Michigan yearly. What else? Are you paying US taxes, maintaining a residency here, etc.? That is what is being looked for.

I don't see anything about Michigan?

[elreinero 0]

Your second option is possible. Re-entry permits can be denied, though they are not routinely denied. A re-entry permit also does not guarantee you will be re-admitted.

You mention you are maintaining your residency by visiting Michigan yearly. What else? Are you paying US taxes, maintaining a residency here, etc.? That is what is being looked for.

Yes, visiting new york twice per year, i never have been out for more the 6 month. I am also paying US Taxes, i have saving accounts, etc. I also have an open case with the National Visa Center trying to get a visa for my wife, i guess that count as a my intention of living in USA.

One question, do you guys think that pay taxes in USA while living in another country is good or bad?

Thank you for your time.

[Krikit 1,165]

I am sad that you didn't maintain your residency. You could have naturalized and your wife would have been here by now. You're playing Russian Roulette with your residency. One day the bullet will be in the chamber.

[ceadsearc 516]

Sorry, misread "Migration" as Michigan. Regardless, it doesn't actually matter what state.

Paying US taxes is not only good but required in order to maintain residency so you are on the right track there.

[elreinero 0]

Thanks all.

One more question, do you think i have to wait the receipt notice from uscis to go back to Argentina?. i've read that the receipt notice could take up to 30 days to arrive.

your help is appreciated.

[ceadsearc 516]

I personally would wait in case there is some issue where it gets rejected. You'd want to know that ASAP. Additonally, USCIS states that if you leave the US before biometrics are taken you run the risk of denial. Depending on where your biometrics are done that can be a month or longer wait as well.

[himher 634]

It is possible to work overseas and maintain US residence. I know people who own homes in the US (best way to do it) and have done what the OP is doing for a long time (years) - normally the GC holder is a spouse and it is the USC working overseas and the spouse gets sent home every few months for a few weeks.

Both options are acceptable. IF it is rejected be prepared at your entry to show up WITH a flag as the application requires that you list out recent history of US physical presence and if you fill out the application with the information that you described above then it will be spelled out like a confession that you are not maintaining status as required.

Either way good luck.

Hello - I'll refrain from commenting on your travel history and the US residency requirement for the GC, as you do not tell us how you are maintaining residency other than traveling back to the US for a few days (I'm sure others will comment).

Regarding the Re-Entry Permit - As I understand it, you need to be within the US when the USCIS receives the REP application and for the biometrics appointment. It is not possible to apply for a REP from outside the US (Option 1). It can however be sent to a consulate for pick-up once approved and I think there is a section for this on the I-131 application. Please read the I-131 application instructions carefully.