SB-1 or extend help please

[suzanne9993 0]

Hi, I am a 10 year Green Card holder and applied for re-entry permit as we would be out the Country for 2 years due to my husband's job. My re-entry permit is good until October 2022. But we already know that it is unlikely we will be able to go back at that point. It may be another 6 months.

I think - from what I have read - it is not possible to extend a re-entry beyond 2 years. 

I have ties to the US and we fully intend on going back (we have bank account, tax returns, savings, storage unit full of our belongings, family etc) Would anyone have any advice as to whether I go ahead and try and get an SB-1 visa at this point (with another 1 year on my re-entry permit) or do I wait?

I am due to visit America in November.
Thank you in advance for any help.

[arken 4,197]

Apply for a new reentry permit while in the US or apply for SB-1 visa after you have stayed over the reentry permit expiry.

[suzanne9993 0]

Thanks for your reply. I will only be on US for a week to see family. I won't be able to biometrics in that time will I? 

 

Also, so does this mean I can apply for another reentry permit? 

Thanks 

[Dashinka 24,519]

I would research the SB1 visa as much as possible.  You other option would be to return within the validity of your re-entry permit and start setting up the US domicile.  Overall, I think the SB1 is the way to go once you are certain you will be staying past the time of your re-entry permit.  You can try for a new re-entry permit, but it does not seem like you will be in the US long enough to apply for that (application and biometrics).

 

Good Luck!

 

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the Travel Documents page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the Continuous Residence and Physical Presence Requirements page.

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident

[mmsk 9]

I would suggest to apply for another re entry permit. 

SB-1 visa is not smooth process as you think. You have to convince the consular in order to be approved.