Re-entry permit expires right when Green card issued

[jamisteven 4]

Hi all - my SO and I moved to Switzerland from the US late last year as my employer moved me temporarily for work. Before we moved she got the re-entry permit just in case however it was only for 1 year (not 2 year as we anticipated). The permit expires in June however the notice that her lawful permanent residence application (greencard) was approved just came in the mail and we should have her greencard at our address in the states within 60 days. 

 

My question is: 

1. If we ship her greencard here to Switzerland from the US, will she be OK to fly back in December with me for the holidays? 

 

We should be back in the states permanently by mid 2020 and dont want to do anything illegal, having a hard time finding any info on this accept for the fact that if we want to file for an extension on the re-entry permit it has to be done in person, in the US, before June. Which unfortunately isnt an option for us. 

 

Thanks in advance. 

[Ontarkie 14,445]

Go home before to pick it up. Do not trust the mail system that it won't get lost. If it gets lost it could turn out to be a nightmare trying to get back.

[jamisteven 4]

3 minutes ago, Ontarkie said:

Go home before to pick it up. Do not trust the mail system that it won't get lost. If it gets lost it could turn out to be a nightmare trying to get back.

Thanks. A family member of ours will be here in October and could just bring it with as well, I am really more concerned with the legality of it all however. 

[arken 4,197]

I think she may face problem at POE in DEC even with her GC. While the GC seems valid, her reentry permit will have expired which implies she stayed out of US for more than one year without a valid reentry permit, that could imply her GC is no longer valid. I am using the logic where someone with a 10 year GC in hand in US travels and  returns back to US after one or two years beyond the reentry permit validity.That person has to apply for returning resident visa in that case to be able to enter US as the 10 yr GC is considered invalid otherwise.

 

The first thing they usually ask at POE is “when did you leave US” or “ how long you are gone for”. After saying more than a year, they’ll ask for reentry permit. Then they would see you are traveling back way past the validity of reentry permit regardless of when GC was issued.

 

There may be a chance they could admit her without any issue after seeing her GC’s issue date but do you want to take that chance? Unless someone here confidently tells you that would be a no problem, i strongly suggest not to do that.

 

 

[jamisteven 4]

6 minutes ago, arken said:

I think she may face problem at POE in DEC even with her GC. While the GC seems valid, her reentry permit will have expired which implies she stayed out of US for more than one year without a valid reentry permit, that could imply her GC is no longer valid. I am using the logic where someone with a 10 year GC in hand in US travels and  returns back to US after one or two years beyond the reentry permit validity.That person has to apply for returning resident visa in that case to be able to enter US as the 10 yr GC is considered invalid otherwise.

 

The first thing they usually ask at POE is “when did you leave US” or “ how long you are gone for”. After saying more than a year, they’ll ask for reentry permit. Then they would see you are traveling back way past the validity of reentry permit regardless of when GC was issued.

 

There may be a chance they could admit her without any issue after seeing her GC’s issue date but do you want to take that chance? Unless someone here confidently tells you that would be a no problem, i strongly suggest not to do that.

 

 

Thanks. Yes this is basically my concern as well, to me I think like well she was issued the greencard it should be fine, but at the same time we dont want to risk it. 

 

On the other hand, she has two passports and could technically just come in on the passport not used for the greencard/re-entry permit, but this doesnt really accomplish anything either as it would present its own set of problems. 

[jamisteven 4]

Still no solution to this, there has to be something? Or dare I try and call USCIS 😕