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Michilcha

Issue Entering the U.S. (overseas for +6 months)

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Hi everyone, and thanks in advance for your kind help!
 

I'm an LPR (marriage-based, conditional for 2 years, approved in March 2023). I've been outside the U.S. for long periods due to work (for a U.S. company) since February 2023, so I applied for the re-entry permit (I-131).
I left the US in Feb 2023, returned for 1 month in July for the I-131, and left again. I re-entered in May 2024 (no questions asked by CBP, and I didn’t have my I-131 approved yet), left in June 2024 again, and re-entered in August 2024 to the US.
 

Because of a bad car accident that I had while overseas working now I want to spend time with my family in my home country, I really need to see them... I'm planning from November to early January (2 months exactly). I plan to return within the 90-day window to start my green card renewal.

Do you think it’s too risky to leave again in Nov? Will I have trouble re-entering? I bought my ticket feeling confident because CBP didn’t question me at all during my last two re-entries (May and August).

 

My re-entry permit was approved in August and it was sent to the U.S. embassy in Hungary (my duty station in 2023). I emailed them to confirm if they’ve received it - no response yet... If I manage to pick up the document, do you think I’ll have any issues re-entering? I wasn’t planning to go to Hungary, my family live in Spain, but I’ll go if necessary.

Thanks again.

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51 minutes ago, Michilcha said:

I plan to return within the 90-day window to start my green card renewal.

 

You won't be renewing green card.

 

In fact, there's two different forms:

- I-90 - Application to Replace Permanent Resident Card

- I-751 - Petition to Remove Conditions on Residence

 

Replacement is for people who have a permanent GC which is expiring. Form I-90 is for replacing card...

 

You are removing conditions, so need to file I-751.

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Nobody can guarantee smooth entry into the US with multiple long trips.

 

However, you filed I-131 and should have a I-797 for that. Bring it with you.

Bring some evidence of ties to the US: your copy of lease for example.

 

You cannot be denied entry to the US, but there's always a remote possibility of being referred to immigration court.

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