LPR overseas extended stay no reentry permit

[morrise 0]

Hi All

 

Been a while since i have been on the forums but this place was a huge help to me when we were going through our original process... Our story in a nut shell:

 

Me- USC, Husband- Australian, 1 son- dual passport holder

2012- we successfully applied for a change of status and hubby was granted GC, restrictions were removed and his GC is currently valid until 2024.

 

In May 2016 we came back to Australia for a family situation that was complicated and we were uncertain how long we would need to stay- we temporarily relocated to Sydney.  In Aug I became pregnant and a few weeks into the pregnancy we learned that there would be complications and a lot of testing and possible follow up treatment once the baby is born.  At this stage the family issue is resolved but with the baby due in May, no US insurance and possible complications after birth it makes sense for us to stay put until baby is born and her condition is clear.  

 

Our main problem is that with everything going on I did not keep track of what we should have been doing to keep the LPR so we did not apply for a re-entry permit and I have really only just started to look into the situation in the event that we are able to move back once the baby is born and her condition is stable- most likely around Sept/Oct.  As far as I can tell we have a few options and I would love some insight into what our best course of action would be....

 

This is what I am guessing our options are:

 

- Apply for the re-entry permit immediately - this is tricky given you seem to have to be in the US to file, not sure how they know where you are but...?  the other issue with this is that the Baby is due in May which would no doubt be when the biometrics appt would be- this would be very tricky for us with another child and not much support here... It looks like you can postpone the appt up to 120 days so this could be an option... Given we left in May 2016 this is cutting the 1 year cut off very fine and I would worry about him travelling during this time to go to the appointment.... especially alone- I feel like it might be more difficult to say no to dad with family in tow... 

 

- Apply for SB-1 visa- this appears to be the most relevant but in reading these forums it sounds like they are difficult to have approved...?

 

- relinquish status and reapply- this scares me... My dad sponsored us last time as we didnt have jobs yet but he has since retired so I am not sure how this would play out... also we did it in the US last time, not across the process and timeline doing it from Aus but I imagine this would take a while... and it just feels weird to give it up to just reapply... but perhaps this is best?

 

We have strong family ties in the US, bank accounts, drivers licenses and job prospects although we don't own property or have jobs at this stage.... I'm totally kicking myself for not doing this properly to begin with but this is where we are at... Anyone have any suggestions or tips?  

Thanks 

E

 

 

[oncoming traffic 21]

it seems like you only have to be in the us to file given youll need a biometrics appt, so you're right about that and potential postponement for more time. the only thing i've googled into that could be helpful to you down under is that apparently you could utilize hawaii as venue for the appointment. i know travel sucks and it's inconvenient for your family but theres no way that trip is going to cost more than relinquishing status and reapplying.

[geowrian 22,338]

Well, I can't say that you are wrong. Those pretty much are your choices and it seems you understand the consequences of each. Hopefully others know of another option, but nothing jumps out at me. Being abroad for up to 1 year on a GC is permitted, but any travel abroad for over 6 months is likely to raise questions about abandoning LPR status.

 

Applying for a re-entry permit from abroad is not permitted. They can know where you are via travel records from the airlines, but that's pretty much irrelevant as you need to be truthful when filing any form with USCIS. From the I-131 instructions:

"If you are in the United States as a lawful permanent resident or conditional permanent resident, you may apply for a Reentry Permit. You must be physically present in the United States when you file the Reentry Permit application and complete the biometrics services requirement."

 

SB-1 would be the most appropriate option, but as you noted, they are not easy to come by. I think you have a pretty decent case given your circumstances, but it's still not easy.

 

Getting a new immigrant visa is an option, but would take a while and is pretty costly, as you noted. It's also not a guarantee.

 

Personally, I'd say, if you can, try to re-enter the US on the GC as-is. Hopefully the CBP officer only gives a warning to get a re-entry permit next time. Doing this after May 2017 (1 year abroad) is unlikely to be successful IMO. File for the I-131 and have it sent to the foreign embassy for pickup. Biometrics would need to be done in the US as well. It's not cheap or easy or anything, but would probably be cheaper and easier than going through the entire immigrant visa process again. The time abroad would not be counted for naturalization residency purposes.

 

Best wishes.

[morrise 0]

1 hour ago, geowrian said:

 

 

Personally, I'd say, if you can, try to re-enter the US on the GC as-is. Hopefully the CBP officer only gives a warning to get a re-entry permit next time. Doing this after May 2017 (1 year abroad) is unlikely to be successful IMO. File for the I-131 and have it sent to the foreign embassy for pickup. Biometrics would need to be done in the US as well. It's not cheap or easy or anything, but would probably be cheaper and easier than going through the entire immigrant visa process again. The time abroad would not be counted for naturalization residency purposes.

 

Best wishes.

Thanks for responding... One question on your post- you say to apply for the I 131 as it would be better than  going through the entire immigrant process again... Isnt that what the I 131 is?  What am I missing?

Edited March 26, 2017 by morrise

[morrise 0]

1 hour ago, oncoming traffic said:

it seems like you only have to be in the us to file given youll need a biometrics appt, so you're right about that and potential postponement for more time. the only thing i've googled into that could be helpful to you down under is that apparently you could utilize hawaii as venue for the appointment. i know travel sucks and it's inconvenient for your family but theres no way that trip is going to cost more than relinquishing status and reapplying.

Im thinking he would need to be there to file then fly back and wait for the biometrics appt- so 2 trips... one basically immediately and one we could hopefully push back until after the baby comes- i guess my worry with this is he gets turned around at POE since its been more than 6months.... anyone know if this is what happens?  or does he just tell our story and advise that he is returning to file the reentry permit?

[geowrian 22,338]

4 minutes ago, morrise said:

Thanks for responding... One question on your post- you say to apply for the I 131 as it would be better than  going through the entire immigrant process again... Isnt that what the I 131 is?  What am I missing?

I-130 is the immigrant visa. I-131 is for a travel document (i.e. re-entry permit).

 

2 minutes ago, morrise said:

Im thinking he would need to be there to file then fly back and wait for the biometrics appt- so 2 trips... one basically immediately and one we could hopefully push back until after the baby comes- i guess my worry with this is he gets turned around at POE since its been more than 6months.... anyone know if this is what happens?  or does he just tell our story and advise that he is returning to file the reentry permit?

Yes, it can happen. It is not guaranteed either way, though. The CBP officer will look at the case and make the determination if residence was abandoned or not.

Edited March 26, 2017 by geowrian

[morrise 0]

3 minutes ago, geowrian said:

I-130 is the immigrant visa. I-131 is for a travel document (i.e. re-entry permit).

 

Yes, it can happen. It is not guaranteed either way, though. The CBP officer will look at the case and make the determination if residence was abandoned or not.

Got it, thanks, that makes sense now!