Traveling after re-entry permit has expired

[Vabsmith 47]

Hello I will be bringing back my family from the home country to the USA.

I am a USC and the wife and step daughter both have green cards ( 2 year conditional green cards expired and the I551 -48 months extension letters with us)

We had to be out of USA for a little over two years due to family issues.

Now we all are planning to travel back to the USA.

The wife applied for a re-entry permit before leaving the USA but that re-entry permit has now expired

The daughter could not apply for the re-entry before leaving the USA because her physical green card was not received by the time we had to leave.

 

Now that we are planning to travel back to the USA-- what are the chances of smooth immigration?

Is the SFO port of entry any better than LAX port of entry from the immigration perspective?

Thanks

 

 

[Crazy Cat 41,985]

3 hours ago, Vabsmith said:

Now that we are planning to travel back to the USA-- what are the chances of smooth immigration?

They will be allowed into the US.  However, expect some questions, and they could be asked to sign I-407s.  Let us know how it goes.  Good luck.

[Vabsmith 47]

5 minutes ago, Crazy Cat said:

They will be allowed into the US.  However, expect some questions, and they could be asked to sign I-407s.  Let us know how it goes.  Good luck.

Thanks. Does that mean they would have to surrender their Greencards and start over the process again??

[Crazy Cat 41,985]

12 minutes ago, Vabsmith said:

Thanks. Does that mean they would have to surrender their Greencards and start over the process again??

They can (and should) refuse to sign an I-407.  CBP would then have the option to refer them to an immigration judge.  They could also be admitted without any issues.  

What is the status of the I-751s?

[Vabsmith 47]

40 minutes ago, Crazy Cat said:

refuse to sign an I-407.

 

41 minutes ago, Crazy Cat said:

They can (and should) refuse to sign an I-407.  CBP would then have the option to refer them to an immigration judge.  They could also be admitted without any issues.  

What is the status of the I-751s?

Understood. Thanks. The I-751s are in process and the 48 month extension letter was received. Biometrics notice not received yet- applied in Jan 2024.

[Vabsmith 47]

1 hour ago, Crazy Cat said:

They can (and should) refuse to sign an I-407.  CBP would then have the option to refer them to an immigration judge.  They could also be admitted without any issues.  

What is the status of the I-751s?

Any recommendation on LAX vs SFO for the port of entry...?

[JKLSemicolon 414]

On 7/27/2024 at 8:41 AM, Vabsmith said:

 

Understood. Thanks. The I-751s are in process and the 48 month extension letter was received. Biometrics notice not received yet- applied in Jan 2024.

So it sounds like the I-751s were submitted while they were outside the US? 

 

In my opinion the biggest concern would be if somehow the I-751(s) had been denied while the LPR was out of the country - there are threads on this forum to people that this happened to. But if you have been keeping up with the case status and correspondence hopefully this wouldn’t be an issue.

 

Once back in the US, if their myUSCIS accounts allow for uploading Unsolicited Evidence I would highly recommend doing so since I imagine you would now be able to produce evidence that wouldn’t have been available during the initial filing. This is a fairly unique situation (spending almost the entire conditional residency period outside the US) so I will be very interested to hear updates on those cases.

Edited July 30 by JKLSemicolon

[Vabsmith 47]

On 7/30/2024 at 10:47 PM, JKLSemicolon said:

So it sounds like the I-751s were submitted while they were outside the US? 

 

In my opinion the biggest concern would be if somehow the I-751(s) had been denied while the LPR was out of the country - there are threads on this forum to people that this happened to. But if you have been keeping up with the case status and correspondence hopefully this wouldn’t be an issue.

 

Once back in the US, if their myUSCIS accounts allow for uploading Unsolicited Evidence I would highly recommend doing so since I imagine you would now be able to produce evidence that wouldn’t have been available during the initial filing. This is a fairly unique situation (spending almost the entire conditional residency period outside the US) so I will be very interested to hear updates on those cases.

Correct; the I-751s were submitted while they were in the home country.

The latest I-751 case status for both of them shows to be "Case Was Received and A Receipt Notice Was Sent". 

Great point about uploading more evidence once we are back in the USA.

Shall the new evidence consist of - residence proof in USA, more pictures, employment in the USA proof etc?

 

Also I hope as long as the I-751 case status is "under process" we shall be okay entering  into the USA  next month at the port of entry ...?

[ProbeGT 47]

Any updates?