Re-entry permit pending for 15 months. GC is expired. Will I still receive it?

[osier 3]

45 minutes ago, Mike E said:

Use the Guam CNMI visa waiver to travel to Guam. This is not esta.  Do not tell the airline you are an LPR.  
 

At the port of entry identify yourself as an LPR. Prepare to pay the I-193 fee.  Refuse to sign I-407.  Ask for an I-551 stamp at port of entry.  
 

Otherwise, once admitted to the USA, call USCIS, say “info pass”, and request an appointment to get an I-551 stamp. Do not leave the U.S. until you have a stamp. Next time come back to the U.S. before your I-551 expires. 

Ok great I just looked into the I-407 and read the other thread you had commented on. It seems like a pretty good idea. 

So I will just try to go to guam and see if they will give me a stamp.  So You are saying to travel to guam under the CNMI waiver, but don't actually submit any of the paperwork/Toss it out when I get to the airport and let the CBP agent know I am a LPR? Then, from there, it is up to them whether to charge me for the I-193 and stamp me? My first instinct tells me that they would be suspicious about how I got to guam and why I did not fill out the I-407, but it does make sense, thank you!

11 minutes ago, iwannaplay54 said:

Just the act of applying for a travel doc is presumptive that you intended to return.  Hopefully you completed biometrics and kept the receipt?

I ah see thank you. I was really hoping that. Yes I have all of my paperwork, BIO was done as well! I wish I could just receive the Re-entry, but at least submitting it could still prove my intention to return at the very least

Edited December 23, 2022 by osier

[iwannaplay54 985]

3 minutes ago, osier said:

Ok great I just looked into the I-407 and read the other thread you had commented on. It seems like a pretty good idea. 

So I will just try to go to guam and see if they will give me a stamp.  So You are saying to travel to guam under the CNMI waiver, but don't actually submit any of the paperwork/Toss it out when I get to the airport and let the CBP agent know I am a LPR? Then, from there, it is up to them whether to charge me for the I-193 and stamp me? My first instinct tells me that they would be suspicious about how I got to guam and why I did not fill out the I-407, but it does make sense, thank you!

I ah see thank you. I was really hoping that. Yes I have all of my paperwork, BIO was done as well!

You’ll be OK I think.  Safe travels.

[osier 3]

Just now, iwannaplay54 said:

You’ll be OK I think.  Safe travels.

Thank you so much! 😀

[Dashinka 24,492]

1 hour ago, iwannaplay54 said:

Nah we had one expired two years before we came home, it was helpful in demonstrating that our 4-year absence was temporary.

Did you have it issued while your CGC and extension letter were expired?  OP does not actually have a re-entry permit.

[iwannaplay54 985]

21 minutes ago, Dashinka said:

Did you have it issued while your CGC and extension letter were expired?  OP does not actually have a re-entry permit.

It was issued but was long, long expired.
OP’s application is best used as a brick in the wall of “intent” and not a re-entry mechanism.  

Edited December 23, 2022 by iwannaplay54

[Dashinka 24,492]

4 minutes ago, iwannaplay54 said:

It was issued but was long, long expired.
OP’s application is best used as a brick in the wall of “intent” and not a re-entry mechanism.  

I don’t disagree, and it may work to prove the OP did not intend to abandon the I751 or LPR status with CBP, but how does the OP get past airline check-in with an expired CGC, expired extension letter and a NOA showing they applied for a re-entry permit that has not been issued?  

[osier 3]

1 minute ago, Dashinka said:

I don’t disagree, and it may work to prove the OP did not intend to abandon the I751 or LPR status with CBP, but how does the OP get past airline check-in with an expired CGC, expired extension letter and a NOA showing they applied for a re-entry permit that has not been issued?  

I'm assuming thats why mike recommended to fly to guam because I don't need to show my Greencard? I can just travel there in the mariana islands program and when I get there I throw out the mariana paperwork and then present myself to the cbp officer and explain my situation. I could be wrong though but thats what I understood?

[Dashinka 24,492]

5 minutes ago, osier said:

I'm assuming thats why mike recommended to fly to guam because I don't need to show my Greencard? I can just travel there in the mariana islands program and when I get there I throw out the mariana paperwork and then present myself to the cbp officer and explain my situation. I could be wrong though but thats what I understood?

That makes the most sense.

[iwannaplay54 985]

7 minutes ago, Dashinka said:

I don’t disagree, and it may work to prove the OP did not intend to abandon the I751 or LPR status with CBP

That re-entry permit has no value for re-entry.  OP needs the record to show that he did not intend to abandon residence.

I am also pretty sure he can lay out his case and get a boarding foil from any embassy.  CO’s do have that authority.

[Dashinka 24,492]

1 minute ago, iwannaplay54 said:

That re-entry permit has no value for re-entry.  OP needs the record to show that he did not intend to abandon residence.

I am also pretty sure he can lay out his case and get a boarding foil from any embassy.  CO’s do have that authority.

Yeah, the boarding foil is an option, but the best option in the case of the OP is to go to Guam, and present themselves to CBP as a returning LPR.  The re-entry permit application can then be used as you suggest, proof of no intention to abandon LPR status.  This is similar to what the linked thread mentioned, but we did not hear back to understand if that poster got their I551 stamp.

[iwannaplay54 985]

8 minutes ago, Dashinka said:

Yeah, the boarding foil is an option, but the best option in the case of the OP is to go to Guam, and present themselves to CBP as a returning LPR.  The re-entry permit application can then be used as you suggest, proof of no intention to abandon LPR status.  This is similar to what the linked thread mentioned, but we did not hear back to understand if that poster got their I551 stamp.

I agree

[Mike E 11,739]

11 hours ago, osier said:

So You are saying to travel to guam under the CNMI waiver, but don't actually submit any of the paperwork/Toss it out when I get to the airport

yes 

11 hours ago, osier said:

 

and let the CBP agent know I am a LPR?

yes 

11 hours ago, osier said:

 

Then, from there, it is up to them whether to charge me for the I-193 and stamp me?

yes 

 

11 hours ago, osier said:

 

My first instinct tells me that they would be suspicious about how I got to guam

If they ask, say you presented your Japanese passport line every other Japanese citizen on the flight. 

11 hours ago, osier said:

 

and why I did not fill out the I-407,

Easy answer: you aren’t volunteering to relinquish your LPR status.  
 

11 hours ago, osier said:

I wish I could just receive the Re-entry, but at least submitting it could still prove my intention to return at the very least

Turns out Re-entry permits with an expiration beyond beyond the expiration date of a 2 year green card are not issued. 

[ositakl 1]

4 minutes ago, Mike E said:

yes 

yes 

yes 

 

If they ask, say you presented your Japanese passport line every other Japanese citizen on the flight. 

Easy answer: you aren’t volunteering to relinquish your LPR status.  
 

Turns out Re-entry permits with an expiration beyond beyond the expiration date of a 2 year green card are not issued. 

Great thanks Mike it all helps me a lot. 

 

I booked a flight for next week and I'll give it a shot. 

 

Going to Guam, whether for a day, a week, or a year would 'reset' my clock for being abroad right? So I could essentially stay out of the country for a year after Guam without penalty? Me and my spouse are discussing this right now. 

[Mike E 11,739]

13 minutes ago, ositakl said:

  

 

Going to Guam, whether for a day, a week, or a year would 'reset' my clock for being abroad right? So I could essentially stay out of the country for a year after Guam without penalty? Me and my spouse are discussing this right now. 

A green card is for living in the USA.  
 

Keep spending more time outside the USA than inside  and eventually you will get an NTA.  Get enough NTAs and eventually you will lose in court.  
 

Why do you want a green card if you don’t want to live in the USA?

[ositakl 1]

Just now, Mike E said:

A green card is for living in the USA.  
 

Keep spending more time outside the USA than inside  and eventually you will get an NTA.  Get enough NTAs and eventually you will lose in court.  
 

Why do you want a green card if you don’t want to live in the USA?

I do, my spouse is being transferred back to the states sometime before summer so I am just trying to make sure that I would be covered