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!