Re-entry permit conflicting info and other questions (x-posted)

[re-entry 0]

Hello!

I hope I can find some clarification on this (I may have posted it on the wrong Forum topic, I apologize if X-posting is frowned upon)... I have searched the USCIS website and found some conflicting information. I appreciate any clarification! Thank you,

1-Can I submit the re-entry permit, wait for arrival confirmation, leave the country and return for the biometrics appointment? Has anyone had their permit denied because of this? Has anyone successfully done this?

Here is the info from the website:

"However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.”

And right below,

"f the LPR departs from the U.S while the I-131 is pending, but before biometrics are taken, then the adjudication of the I-131 re-entry permit application will not be affected as long as the applicant returns to the U.S. to attend the biometrics appointment before the first year of foreign travel has ended. In such case, the LPR could apply for reentry to the U.S. using only his or her I-551 Permanent Resident Card if he has been absent for less than one year. We further note that if it is necessary, the LPR may make arrangements to have his Re-entry Permit delivered to him through a U.S. consulate or a USCIS office abroad. 8 C.F.R. 223.2(f)."

Source: https://www.uscis.go...ravel-documents

So, which is it?

2- I already have a re-entry permit, but will need to apply one more time as our trip is 3 years in duration (my husband is doing a postdoc in Canada). I work in the States, so my ties are quite strong, and actually travel regularly, so I have never had a gap longer than 6 months in my travel. I am just spending the majority of the time in Canada, and paying taxes in both countries, so I got the re-entry permit to be safe. Would it be safe for me to let my current permit expire, and then apply for the second permit 3-4 months after expiration of the first? (ensuring I travel to the States enough to guarantee no 6 month gaps).

3- I received my green card through work, before meeting my husband. However, my husband is a US citizen, and we have been married almost 4 years now. When we return permanently to the US, do I need to wait 3 years or 5 years before applying for naturalization?

Hopefully someone can answer some of these questions before I need to pay a lawyer

Thanks in advance!

[Michael2017 368]

1-Can I submit the re-entry permit, wait for arrival confirmation, leave the country and return for the biometrics appointment? Has anyone had their permit denied because of this? Has anyone successfully done this?

​You must file the re-entry permit while in USA and attach your passport copy (best with a stamp showing your last admission). You can leave thereafter and come again at a time when bio-metrics are scheduled. I recommend making a cover letter explaining all the reasons why you need a re-entry permit and why the stay abroad is extended but temporary for less than 2 years. The bio metrics appointment can be re-scheduled, thus even if you get a notice you can most properly re-schedule to a date that is good for you to come back and finish the procedure. We done it this way without any problem.

2- I already have a re-entry permit, but will need to apply one more time as our trip is 3 years in duration (my husband is doing a postdoc in Canada). I work in the States, so my ties are quite strong, and actually travel regularly, so I have never had a gap longer than 6 months in my travel. I am just spending the majority of the time in Canada, and paying taxes in both countries, so I got the re-entry permit to be safe. Would it be safe for me to let my current permit expire, and then apply for the second permit 3-4 months after expiration of the first? (ensuring I travel to the States enough to guarantee no 6 month gaps).

It is normally no problem to get a 2. re-entry permit as long as as you show the living abroad is for some reason temporary. Again a cover letter is good idea explaining the reasons. While entering USA without long gaps during your first re-entry permit, filing taxes, keeping your accounts, keeping mailing address etc. etc. will help to be re-admitted without re-entry permit, there is always a risk that the CBP refers you to an immigration judge. With a re-entry permit, as long as the reasons of staying abroad are the same as you mentioned during the application, and you are not inadmissible due to other reasons, there is a very high chance that you will not encounter any problems (99.99%).

Thus, the gap between two re-entry permits is likely not a problem but a risk. If you want to be risk free, apply in time at the end of the first re-entry permit for the next one, while being in the USA. Usually it takes 3 months to process a re-entry permit.

3- I received my green card through work, before meeting my husband. However, my husband is a US citizen, and we have been married almost 4 years now. When we return permanently to the US, do I need to wait 3 years or 5 years before applying for naturalization?

The re-entry permit validity time will reduce your qualifying time for naturalization purposes. Thus, those periods under your re-entry permit will not be counted at all towards naturalization.

[re-entry 0]

Thank you so much for your reply! Yes, I will make sure to include a letter explaining our circumstances.

Also, I am aware that my time "re-sets" after returning to the US once our time abroad has ended. I am just curious to know if, because I am married to a US citizen, I can apply for the N-400 after 3 years of returning. Or, because my green card was processed through a job before I got married, I would still need to wait 5 years, even though I am married to a US citizen...

Thank you again for taking the time to answer! Much appreciated!

[Penguin_ie 5,996]

***** Two identical threads in other forums removed. Please do not post more than once on an issue/ question *****