Greencard Holder, Reentry Permit

[kaugel2 0]

Hi All,

I am Permanent Resident of the US. I got my GC in Feb 2010. I stayed in the US for 7 months and returned to India for 2 years after applying for a re entry permit. I will be moving back to the US in Nov for good. I am confused about a couple of things

1. I applied for the re entry in Sep 2010 and traveled to India in Oct (while the decision was still pending for the re entry).

2. The USCIS mailed my re entry permit in Jan 2011 to my US address. My Re entry has a issue date of Jan 2011 and expiry Jan 2013

My Question is, can I go according to the re entry document (according to which I can go back to the US anytime before Jan 2013) or should I calculate 2 years from the date of my travel and accordingly return to the US.

Please advise. According to the document, I can travel anytime before Jan 2013. I came back to India in Oct 2012 and according to this, I should be going back in or before October.

[MitalJinal 2]

You can travel in Nov'12 for good.

Your re-entry permit expires on Jan 2013, which means that you should enter US on or before Jan'13.

Don't worry, I was in the same boat 11 years ago and didn't had any issues when I entered US before my intended timeline.

All the Best.

[JimVaPhuong 4,863]

Hi All,

I am Permanent Resident of the US. I got my GC in Feb 2010. I stayed in the US for 7 months and returned to India for 2 years after applying for a re entry permit. I will be moving back to the US in Nov for good. I am confused about a couple of things

1. I applied for the re entry in Sep 2010 and traveled to India in Oct (while the decision was still pending for the re entry).

2. The USCIS mailed my re entry permit in Jan 2011 to my US address. My Re entry has a issue date of Jan 2011 and expiry Jan 2013

My Question is, can I go according to the re entry document (according to which I can go back to the US anytime before Jan 2013) or should I calculate 2 years from the date of my travel and accordingly return to the US.

Please advise. According to the document, I can travel anytime before Jan 2013. I came back to India in Oct 2012 and according to this, I should be going back in or before October.

The law says they are not supposed to presume you've abandoned your residence based solely on the duration of your absence if you've got a valid reentry permit. However, the fact that they can't make that presumption based solely on the duration of your absence doesn't mean they can't grill you to determine if there are other reasons to presume you've abandoned your residence. A reentry permit isn't a guarantee of admission. It's relief from the automatic presumption that you've abandoned your residence based only on the length of your absence. Be prepared in case the CBP officer tries to give you a hard time.