Please help - Reentry permit DENIED!

[Mike E 11,739]

29 minutes ago, C&I said:

So you think that in my case, appealing the denial of USCIS is a waste of time and money?

SB-1, appeal I-131 … you  are grasping at straws. They waste money and precious time.

 

My years of vicarious experience here point to just one course of action: come home today. If do not come home today, and ask me tomorrow, next week, next month, next year, next decade, next century, my answer is still the same: come home today.

 

[Dashinka 24,481]

1 minute ago, Mike E said:

SB-1, appeal I-131 … you  are grasping at straws. They waste money and precious time.

 

My years of vicarious experience here point to just one course of action: come home today. If do not come home today, and ask me tomorrow, next week, next month, next year, next decade, next century, my answer is still the same: come home today.

 

This. ^^^^^^^

[C&I 18]

42 minutes ago, Misscloud said:

it's waste of money to appeal. if CBP bring the denial, just explain to them. 

highly unlikely u are going to have issue. there's couple of people i knew went outside US for over 2 years, came back with GC that still valid, the CBP person only grumbled a little but then said "welcome back" and let her in

 

like u said, u are going back soon, so just come back soon with ur family. there's no "safer" POE, it really depend which officer you got, not state/city specific. officer might have bad day, good day, who knows

Thanks for the info!

 

[C&I 18]

I am consulting with a US immigration lawyer (my friend's sister) in PA. We will see what's her input on this. 

[OldUser 6,610]

7 minutes ago, C&I said:

I am consulting with a US immigration lawyer (my friend's sister) in PA. We will see what's her input on this. 

Let us know how it goes. Also remember, there is potential conflict of interest. Depending on a lawyer, they may be incentivized to have some case filed for you.

[C&I 18]

13 minutes ago, OldUser said:

Let us know how it goes. Also remember, there is potential conflict of interest. Depending on a lawyer, they may be incentivized to have some case filed for you.

What do you mean? Can you please specify?

[OldUser 6,610]

5 minutes ago, C&I said:

What do you mean? Can you please specify?

It's like going to a car repair shop and they find reasons to replace many things in a car when you only needed an oil change. Oil change would be $100, but "fix everything" is $500. Not every lawyer or car shop is like that, but I just want you to be aware of this. Make sure the lawyer has a good record and a member of American Bar Association - https://www.americanbar.org/

Edited April 21, 2023 by OldUser

[Chancy 6,241]

4 hours ago, C&I said:

So I can still go to the US with my Green Card although my reentry permit got denied? 

 

As others already said, just come back ASAP.  The VJ members who reported below were able to return as LPRs, despite being away longer than you have --

 

 

[Dashinka 24,481]

7 minutes ago, C&I said:

What do you mean? Can you please specify?

I think @OldUser is saying that a lawyer, even a family friend, may be interested in taking you down rabbit holes you do not need to go.  By all means though see what this lawyer says, but just be wary.  

 

As a side note, saw a thread this morning of a immigrant coming to the US soon where their lawyer told them they would need to present the sealed envelope at their first entry.  This person though had their information transmitted electronically and it does not appear the lawyer knew that was happening now.

 

Regardless, let us know what you hear from your consult.

 

Good Luck!

Edited April 21, 2023 by Dashinka

[Mike E 11,739]

 

32 minutes ago, C&I said:

I am consulting with a US immigration lawyer (my friend's sister) in PA. We will see what's her input on this. 

 

Some lawyers will tell you to try SB-1, and if that fails, give up and get an IR-1 visa. Will you follow that advice?

[dwheels76 5,468]

44 minutes ago, C&I said:

What do you mean? Can you please specify?

Oh I can tell you how the lawyer meeting will go. They will either tell you to appeal or file another re-entry. You been advised to enter the US now. Make a trip get in the US there you go.
You have nothing to appeal because USCIS wasn't in the wrong you were because you left before they received your case.

[SalishSea 17,803]

4 hours ago, SteveInBostonI130 said:

Yes.

Yes.

 

Only the courts can take away your status as a legal permanent resident.  You could be waived through with a few questions, you could be sent to secondary, you could be given a hard time, and you could be given an NTA.   As long as you do not sign a I-407, you are still an LPR.

OP could also already be in removal proceedings.

[Family 3,988]

Prepare for attorney meet by reading through the AAO / USCIS non precedent decisions..jut put I-131 re entry in search criteria.
ALL such appeals are DENIED, no leeway for circumstances or creative arguments .
 

Book a ticket and fly home.
File another I-131 and wait until you receive a Notice of Action Receipt and track your case with online account. ..estimating a week to 10 days stay in US .

https://www.uscis.gov/administrative-appeals/aao-decisions/aao-non-precedent-decisions

[Family 3,988]

43 minutes ago, dwheels76 said:

Oh I can tell you how the lawyer meeting will go. They will either tell you to appeal or file another re-entry. You been advised to enter the US now. Make a trip get in the US there you go.
You have nothing to appeal because USCIS wasn't in the wrong you were because you left before they received your case

I may have misread …and  assumed OP and family are not ready to return permanently to US. ..so I too need to clarify she only needs a new I-131 is she will continue to live abroad. 
 

If OP is ready to return, no new filing required

[SteveInBostonI130 3,432]

10 hours ago, C&I said:

 

What are the options I have in this case? Can I just go to the US  let's say, next month, and file again for a reentry permit (and waiting for USCIS receives it) - just to make sure I am covered? Our plan is to move back to the US in the next few months.

 

 I read about the Return permit for residents. That could be an option but I also read it is very hard to get it. Any inputs? 

 

If you return just to file a new I-131, here's what can happen:

 

1. You are let in with or without hassel but no NTA. Then you proceed as planned.

 

2. You are given an NTA.  This presents 2 sub-options:

 

2.a. You intend to fight.  You will need to hire a lawyer and work on your case.  You would remain in the US while your family is overseas as you prepare and go to court.  Likelihood of successfully fighting it is very good unless you hire a grossly incompetent lawyer.

 

2.b. You don't fight and sign a I-407.  You return to your family overseas and your husband files a I-130 for you.  Takes about 1.5 to 2 years for you to get the new IR1 visa.

 

SB-1:  You would need to show that you intended to return to the US but unforeseen events caused you to remain overseas.  I am not sure how this can be argued when you purposely intended to live overseas for 1+ years.