Please help - Reentry permit DENIED!

[C&I 18]

On 4/21/2023 at 5:40 PM, Chancy said:

 

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 --

 

 

Thanks for sharing other people's experiences

[C&I 18]

On 4/21/2023 at 7:09 PM, Family said:

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

We are in the process of applying to jobs in the US. Once we secured one, we will move. So I may have to just go to the US, file again for a reentry permit, wait until USCIS receives it and leave again, until we get our jobs in the US. 

[C&I 18]

Hello all,

 

I spoke with the lawyer. She pretty much told me the same things that were discussed here.

 

She presented my options:

 

1. Given that I did't file for the reentry permit correctly, my appeal would be a waste of time and money;

2. I can reapply for a reentry permit when I want;

3. I can try to just move back to the US, explain what happend if asked (most likely) by CBP, take all of the proofs of ties to the US with me;

4. She mentioned the SB1 visa (resident returning) and she said that it was actually not that difficult to get. I just have to prove that I stayed here because I had to, in my case, I waited for 17 months for USCIS to send me their decision about my reentry permit. I could not control that. The intent of going back is clear given that I applied. 

 

She said that her clients often have the SB1 granted. She advised me to call the embassy to get more information and start the process. 

 

Now my problem is that I have a job interview with a US company (in the US) this week (online interview of course). I mentioned this to the lawyer and asked what do I do if I succeed and I have a positive answer in a few weeks. She said at least I would have started with the SB1 process and that would be another proof of intent to go back. I don't know how that would work. She said I can ask the embassy for an expedite process. 

 

Obviously, I don't know how the interview will go, but what if I get the job? Do I just go back and risk everything at the airport? 

 

Because we have a child, isn't it wiser to apply for SB1 and wait until I have all of the proper documents to go back with a peace of mind? Then the problem would be, what if I get denied... 😑 Such a headache!!

 

Thanks all again for your inputs! 

 

 

[Dashinka 24,480]

1 hour ago, C&I said:

Hello all,

 

I spoke with the lawyer. She pretty much told me the same things that were discussed here.

 

She presented my options:

 

1. Given that I did't file for the reentry permit correctly, my appeal would be a waste of time and money;

2. I can reapply for a reentry permit when I want;

3. I can try to just move back to the US, explain what happend if asked (most likely) by CBP, take all of the proofs of ties to the US with me;

4. She mentioned the SB1 visa (resident returning) and she said that it was actually not that difficult to get. I just have to prove that I stayed here because I had to, in my case, I waited for 17 months for USCIS to send me their decision about my reentry permit. I could not control that. The intent of going back is clear given that I applied. 

 

She said that her clients often have the SB1 granted. She advised me to call the embassy to get more information and start the process. 

 

Now my problem is that I have a job interview with a US company (in the US) this week (online interview of course). I mentioned this to the lawyer and asked what do I do if I succeed and I have a positive answer in a few weeks. She said at least I would have started with the SB1 process and that would be another proof of intent to go back. I don't know how that would work. She said I can ask the embassy for an expedite process. 

 

Obviously, I don't know how the interview will go, but what if I get the job? Do I just go back and risk everything at the airport? 

 

Because we have a child, isn't it wiser to apply for SB1 and wait until I have all of the proper documents to go back with a peace of mind? Then the problem would be, what if I get denied... 😑 Such a headache!!

 

Thanks all again for your inputs! 

 

 

Personally I would not bother with the expense of an SB-1.  From the limited stories here on VJ, they seem to have a high bar to get approved, but that is up to you (search SB-1 in the VJ search engine).  If you are not sure how long you will remain out, I would take route of coming back for a few weeks, and apply for a new re-entry permit.  This may take a few weeks as you need to wait for biometrics (there is no guarantee they will re-use older biometrics).

 

Good Luck!

 

 

[C&I 18]

Yes, I am not sure how long I still have to remain out of the US... 

 

 

How long do people have to fly back to the US when they are granted the SB-1? 

 

At least with the reentry permit people get 2 years, which is more than enough time to organize everything back in the US (job, house, school, etc). 

[Boiler 45,449]

I assume it is 6 months from the date of the medical, as others have said they are very rare.

[C&I 18]

41 minutes ago, Boiler said:

I assume it is 6 months from the date of the medical, as others have said they are very rare.

Thank you, good to know.

 

Yes, the more I read, the more I understand the rarity of the SB-1.

 

 

[C&I 18]

Update:

 

I flew to the US, landed in Altanta and 0 question asked.... 

[Dashinka 24,480]

57 minutes ago, C&I said:

Update:

 

I flew to the US, landed in Altanta and 0 question asked.... 

Thanks for the update.

 

If you get a chance, you may want to join the thread below, or PM the OP from that thread, as they are in a similar situation and are fretting their options as well.

 

Good Luck!

 

 

[OldUser 6,608]

5 hours ago, C&I said:

Update:

 

I flew to the US, landed in Altanta and 0 question asked.... 

Congratulations! Now if your plan is to naturalize, your clock likely was reset so you have to count 5 years from the date you returned back to the US.

 

I would also not travel outside of the US for a while to allow dust to settle.