Re-entry permit

[Raeleean1993 1]

Hello, i got my 10 year green card while in USA. Then my husband , myself and our 2 year old went to philippines because of certain circumstances. I was also 3 months pregnant at the time we left USA for Philippines. I gave birth here in philippines november 2015 and we are waiting for our new sons US passport. I have been out of US for 15 months now. I want to apply for re-entey permit soon as we get our sons US passport. I want to make up my time out of the country and get my citizenship. Anyone go through this being out of US for so long and getting approved for reentry? Do i need to go to the embassy in manila? Or the US consulate here in cebu? And any other information i would greatly appreciate!

[Cathi 5,775]

A re-entry permit has to be applied for before you leave the US, not after. After 12 months your green card is considered abandoned. At this point you will need to start over and have your husband petition for you again. here is the link explaining that you should have applied long before leaving the US https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

How do I get a reentry permit?

To obtain a reentry permit, file Form I-131, Application for Travel Document. You should file this application well in advance of your planned trip. Filing instructions and forms are available on our Web site at www.uscis.gov. The instructions on the form will give you more details. For additional questions, check our Web site or call Customer Service at 1-800-375-5283.

What will happen if I do not apply for a reentry permit before I travel outside of the United States?

If you are an LPR planning to travel outside of the United States for 1 year or more, it is important that you apply for a reentry permit.before you depart the United States. If you stay outside of the United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status. If this happens, you may be referred to appear before an immigration judge to decide whether or not you have abandoned your status.

Edited August 7, 2016 by mimolicious

[A'n'L 735]

As said, the re-entry permit should've been obtained before leaving the US. Maybe you are talking about a visa for returning residents?

You can read here to see your circumstances would mean you are eligible for one:

https://travel.state.gov/content/visas/en/immigrate/returning-residents.html

If not, another IR1 visa would be the path for you.

[EM_Vandaveer 2,408]

Before doing any of these, you still have a valid GC, correct? If so, you can simply fly back to the US. Contrary to some misconceptions, CBP cannot take your GC/LPR status away. The worst case scenario if you return is that you are sent in front of an immigration judge who will decide to let you keep your LPR status or not.

Best case scenario, CBP lets you in after some questioning and you don't have to appear at court, but get away with being outside the US for this long.

[Pitaya 2,577]

Welcome to the forum.

[Raeleean1993 1]

Before doing any of these, you still have a valid GC, correct? If so, you can simply fly back to the US. Contrary to some misconceptions, CBP cannot take your GC/LPR status away. The worst case scenario if you return is that you are sent in front of an immigration judge who will decide to let you keep your LPR status or not.

Best case scenario, CBP lets you in after some questioning and you don't have to appear at court, but get away with being outside the US for this long.

Is this for entry in USA? Dont know if they will let us (well me) even book a flight to US? My 10 year green card expires 2025 but i dont know if the put some kind of hold on it? Also, its going to take 2 more months before our new son gets his USA passport. You could be a lifesaver but are you sure we sgould try this? Thank you!

[TBoneTX 45,704]

It's your chief option.

[EM_Vandaveer 2,408]

Yes, I am quite sure. If they (CBP) try to get you to sign something saying you give up your GC, do NOT do it. Like I said, CBP cannot take your GC, they can only refer you to an Immigration Judge. Know your rights. Be polite but don't budge. Explain the circumstances, you went there, gave birth, etc.

[Raeleean1993 1]

SB-1. I called the US embasy in manila 2 weks ago and told them i wanted to apply for a SB1. They created a profile for me which they sent me a link to view it. They told me i needed to wait for a second email with details regarding if the will let me apply and requirements for first interview at embassy in manila. I asked them when i should be recieving the second email but they could not tell me or even give me an idea of when to expect it. Anyone go through this? If so how long to get that second email? I dont want to call them again and ask because im afraid they will push it back further. Thank you

[James D 39]

On 8/7/2016 at 4:05 AM, EM_Vandaveer said:

Best case scenario, CBP lets you in after some questioning and you don't have to appear at court, but get away with being outside the US for this long.

This definitely can happen but it depends on the disposition of the CBP and on his understanding your intent to continue living in the USA.

 

[TBoneTX 45,704]

A post has been split into its own topic and is moved to the General Immigration Discussion forum.

Thread from 2016 is now closed.