Re-Entry Permit

[Sami Redi 0]

Hello Everyone,

My husband got permanent residency last year and entered United States in June, stayed until January. Unfortunately his father fell hurt himself and my husband had to fly back to India. Unfortunately, my father in law passed away earlier this month. 
 My mother in law is all by herself and needs help to come out of this tragic situation. My husband intends to be with her for sometime like a year. 
 

I wanted to know if we can apply for Re-Entry permit while he is outside United States? Please guide us in this regard. Appreciate any advise. Thank you all for your time.

[Crazy Cat 41,894]

He must be physically inside the US to apply for a re-entry permit.  Legal residents can stay outside the US for up to a year without one.  

Edited February 27, 2022 by Crazy Cat

[SteveInBostonI130 3,459]

My recommendation is for your husband to return to the US and file for the re-entry permit. He should stay in the US until the biometrics appointment. He can fly back to India after that and you can mail him the notice when the permit is approved.  This is if you think he needs to spend over a year in India.

[powerpuff 6,712]

~ Topic moved from IR1/CR1 forum to Working & Traveling during US immigration ~

[JeanneAdil 6,514]

May post said he would come in June and June 6th u wrote he had to go back for emergency

now,  its january that he left

important:  when did he actually leave as June 22 is fast approaching and he should not be outside the US longer than a year

I concur

he should return and file for AP and then go back to help mom

 

this is the hardship of leaving home / u are not there to help and for important family affairs like weddings, etc. 

and its hard on the immigrant 

[Sami Redi 0]

3 hours ago, JeanneAdil said:

May post said he would come in June and June 6th u wrote he had to go back for emergency

now,  its january that he left

important:  when did he actually leave as June 22 is fast approaching and he should not be outside the US longer than a year

I concur

he should return and file for AP and then go back to help mom

 

this is the hardship of leaving home / u are not there to help and for important family affairs like weddings, etc. 

and its hard on the immigrant 

Sorry if I have confused you

[Sami Redi 0]

4 hours ago, SteveInBostonI130 said:

My recommendation is for your husband to return to the US and file for the re-entry permit. He should stay in the US until the biometrics appointment. He can fly back to India after that and you can mail him the notice when the permit is approved.  This is if you think he needs to spend over a year in India.

Thank you, this helps. How long will it take for the biometric to come, any thoughts?

4 hours ago, Crazy Cat said:

He must be physically inside the US to apply for a re-entry permit.  Legal residents can stay outside the US for up to a year without one.  

Thank you. 

[Sami Redi 0]

4 hours ago, Crazy Cat said:

He must be physically inside the US to apply for a re-entry permit.  Legal residents can stay outside the US for up to a year without one.  

Thank you.

[iwannaplay54 985]

5 hours ago, Sami Redi said:

 

Hello Everyone,

My husband got permanent residency last year and entered United States in June, stayed until January. Unfortunately his father fell hurt himself and my husband had to fly back to India. Unfortunately, my father in law passed away earlier this month. 
 My mother in law is all by herself and needs help to come out of this tragic situation. My husband intends to be with her for sometime like a year. 
 

I wanted to know if we can apply for Re-Entry permit while he is outside United States? Please guide us in this regard. Appreciate any advise. Thank you all for your time.

No, he can only file from within the US

When we filed for one biometric was about 5 weeks later.  

Edited February 28, 2022 by iwannaplay54

[Mike E 11,739]

13 hours ago, Sami Redi said:

Thank you.

Note that any absence can cause CBP to conclude the LPR abandoned LPR status.  At 181 days the probability of this suspicion escalates, with an absence of more than a year incurring a further escalation. 
 

  See https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case to understand his options of CBP concludes he abandoned his status. 
 

I agree with the recommendation to get an re-entry permit.  I would leave after the application arrives at USCIS and come back for any biometrics appointment 

Edited February 28, 2022 by Mike E