Intended Departure Date on Reentry Permit

[ChrisMcFisch 1]

Hi all,

I am looking to spend some time (just under 2 years) outside the US while being on a (still) conditional green card.
My question regarding the reentry permit is the field where it asks for an intended departure date.
This is tricky as we are both employed and would like to stay employed until the reentry permit is approved, but a longer stay overseas does require some prior planning here and there.
With current USCIS processing times shown at 16 months, we are planning our trip to be in the fall of 2025.
Should we state a time that far out, or is it better to write TBD (which some people apparently had success with in the past)?
I don't want another form to be stored in some archive without being actually processed. I'm sure they'll cash the check though, haha.

Does anyone of you have experience with this?

For anyone interested why I haven't applied for naturalization yet:
My case for removal of conditions has been shelved somewhere (filed Nov 2019) and I can't get it unstuck without filing for naturalization or a writ of mandamus.
Naturalization is not an option at this time, due to Austrian law and me not wanting to give up Austrian citizenship as my entire side of the family is and will be there for the rest of time. During special events (Covid, etc.) it is easier to visit family if you are a citizen.
Writ of mandamus seems to be costly and I will use this as my last resort, as I have trouble paying for a lawyer for something that USCIS agreed to do anyway when they cashed my check for the I-751. So at some point they will have to/should make a decision on my case.

Thanks,
Christoph

[OldUser 6,628]

Hi @ChrisMcFisch it's not very common to have I-751 pending since 2019 in 2024. There are few people who had issues removing conditions due to divorce, fraud allegations etc.

 

I would focus on getting I-751 approved and only then think of going outside the US for long period of time. Your application may be headed to denial and travelling now (or while I-751 pending) won't help. I'd either explore DIY Writ of Mandamus or pay a lawyer to get clarity.

Edited May 29 by OldUser

[ChrisMcFisch 1]

@OldUser Appreciate the response. Not common for sure, but here is a quote from USCIS in response to an inquiry about my case via our Congressman produced:
"The I-751 us still awaiting assignment to a field office. Currently these applications are not a priority at the field office level as applicants have status and remain lawful permanent residents while the I-751 is open."

Pretty ridiculous if you ask me, especially since it is their policy to deal with applications in the order they are received.

Anyway, a request for expedite from 04/22/24 remains also unanswered as of today. Although they claim to respond within 10 days.

Not too worried about denial. Case is ready for interview since years according to their online system and we never got an RFI. We are happily married, have hardly spent any time out of the country, bought a piece of property, have lots of joint financial accounts, zero run-ins with law enforcement, and both of us have paid handy sums of income tax over the last 7 years.
I might look into DIY writ of mandamus next.

I have filed for the travel permit, should arrive at the lockbox tomorrow.

The idea for the travel permit (which is available to conditional permanent residents) is, if we both like it in Austria, we just might stay there and I'll abandon my petition/status here.
We can't/won't live in this limbo any more and the constant requirement of having to show proof of status to my employer every 12 months along with the headaches when it comes to international travel or driver's license renewals, etc. is just too annoying.
The time it takes them to get me an appointment at the field office and temporary stamp every year is more by now than what the interview would have taken. 😂

[OldUser 6,628]

1 hour ago, ChrisMcFisch said:

We can't/won't live in this limbo any more and the constant requirement of having to show proof of status to my employer every 12 months along with the headaches when it comes to international travel or driver's license renewals, etc. is just too annoying.

For I-9 verification you only need to show the valid DL and unrestricted social security card. If you were showing them GC and I-797 / stamps, it is the cause of the issue with them asking for it over and over.

[OldUser 6,628]

1 hour ago, ChrisMcFisch said:

Not too worried about denial. Case is ready for interview since years according to their online system and we never got an RFI. 

Did you move since filing I-751?

Online status is very unreliable. Some people get quietly denied due to not getting RFE in the mail after move. Their case status meanwhile doesn't reflect it.

[ChrisMcFisch 1]

14 minutes ago, OldUser said:

For I-9 verification you only need to show the valid DL and unrestricted social security card. If you were showing them GC and I-797 / stamps, it is the cause of the issue with them asking for it over and over.

Never got an unrestricted Social Security card, due to the conditional nature of my first (2-year) GC. The note on the SS card stating DHS authorization needs to be provided with it, is what makes them ask for it.
Working for smaller companies it was less of an issue, my last employer was a stock listed company and had strict requirements due to the field they are in, now in local government it is similar.

[OldUser 6,628]

3 minutes ago, ChrisMcFisch said:

Never got an unrestricted Social Security card, due to the conditional nature of my first (2-year) GC. The note on the SS card stating DHS authorization needs to be provided with it, is what makes them ask for it.
Working for smaller companies it was less of an issue, my last employer was a stock listed company and had strict requirements due to the field they are in, now in local government it is similar.

Weird. I got restrictions removed from SS card 3-4 months into having conditional GC. I bet you can do it even now with valid I-551 stamp. Conditional permanent resident has pretty much the same rights as 10 year GC holder.

Edited May 30 by OldUser

[ChrisMcFisch 1]

17 minutes ago, OldUser said:

Did you move since filing I-751?

Online status is very unreliable. Some people get quietly denied due to not getting RFE in the mail after move. Their case status meanwhile doesn't reflect it.

Still the same address from when I filed in 2019.

Again inquiries by congressional staff make it appear that they know the case is still pending, just not on their list of priorities.

One would assume that they wouldn't renew my temporary stamp, if my case was denied.
They are also supposed to send a document with the decision on the case. 
I believe in people, so hopefully USCIS and USPS staff don't screw me over.

Not asking for favors, just for folks to do their job. 😉
 

[ChrisMcFisch 1]

6 minutes ago, OldUser said:

Weird. I got restrictions removed from SS card 3-4 months into having conditional GC. I bet you can do it even now with valid I-551 stamp. Conditional permanent resident has pretty much the same rights as 10 year GC holder.

I didn't know about it, and when wanted them removed, but the SS office staff that day in that office decided that it couldn't be done as it was too close to expiration of the cond. GC (I think I had 2 weeks or so left on it, before it would expire).

Appreciate the tip with trying it with the temp. I-551 stamp, might be a 50/50 depending on the person at the counter, but worth a try.
Otherwise, if I ever get my next physical GC, that will be my first trip to get these removed.

Edited May 30 by ChrisMcFisch

[OldUser 6,628]

3 minutes ago, ChrisMcFisch said:

Still the same address from when I filed in 2019.

Again inquiries by congressional staff make it appear that they know the case is still pending, just not on their list of priorities.

One would assume that they wouldn't renew my temporary stamp, if my case was denied.
They are also supposed to send a document with the decision on the case. 
I believe in people, so hopefully USCIS and USPS staff don't screw me over.

Not asking for favors, just for folks to do their job. 😉
 

Left hand doesn't always know what the right hand does. People get all sorts of things given / approved by USCIS in error. Just giving a warning since it's unusual for case to be pending this long unless there's issue with a case. Seems like you did your research. I'd file FOIA too. Good luck!