C&I

We landed in Atlanta. I was with my US husband and our US child (did that help? do not know). Last time I was in the US was 2 years ago.

I'm no immigration expert but I just returned to the US with my Green Card after being away for a long time and having my reentry permit denied. I thought that I would have a hard time at CBP upon my arrival but the officer just scanned my passport, look at my GC and did not say anything. And from what I know, I am not the first person to experience that. As everybody else is saying, just go back to the US. They cannot deny you entry, you are a permanent resident. Worst case they give you a notice to appear in court but how, when, where, who knows?

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

Hi, I'm the poster of the post you linked. You actually have to wait until you receive the notice from USCIS confirming receipt of your request and notifying you about the biometrics appointment (if they need it or not). In my case, that took 3 weeks after I sent the request. I learned from my mistake LOL

Ok let us know and good luck!

HI @leavingtofate Can you give us an update on your case? Did you finally go back to the US?

Hello @mandalagreencard Could you share your experience? What happened with the NTA? Did you appear in court? What is the outcome? Many thanks

😔😔

Thank you, good to know. Yes, the more I read, the more I understand the rarity of the SB-1.

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).

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!

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.

Thanks for sharing other people's experiences

What do you mean? Can you please specify?

I am consulting with a US immigration lawyer (my friend's sister) in PA. We will see what's her input on this.

Thanks for the info!

Thanks again for these feedbacks. They are very helpful! So you think that in my case, appealing the denial of USCIS is a waste of time and money? If CBP brings up this denial, I can just explain that my intention was to return but I did not file correctly? I understand it doesn't make any sense to file for a SB-1 return. Filing for a IR-1 visa also makes no sense, since I still have a valide GC. Would be interesting to know which POE are "safer" for people like me 😑 like @Dashinka mentionned.

So what happens when people are let in the country and then have to go to the immigration court to fight their case? They have to prove that the intent was not to abandon the GC? Also, do you feel like a Return permit for residents would be a waste of time here? Again, the plan is to move back to the US soon. We will do so as soon as we secure new jobs in the US, which can happen sooner than later. It would be very difficuld and embarassing if I go there, start a new job, settle everything, and after a while I am being deported because my status gets revoked 😲

Hey, thanks for your input! Really?! I didn't know people actually move back just like that. I can easily prove that I filed taxes from abroad and that I have a job and house ready in the US. Just scary to move back without the proper document though.

Ok, thanks for the clarifications. Sounds risky to just move back the whole family to the US knowing that I could face issues with my Green Card... Because of course, we never know what will happen at CBP! I knew about not signing the I-407. And I would not like to have to deal with the courts once I'm there because what if they then decide to revoke my status? I would have to leave the US... Just very complicated! What are the options I have in this case? Can I just go to the US let's say, next month, and file again for a reentry permit (and waiting for USCIS receives it) - just to make sure I am covered? Our plan is to move back to the US in the next few months. I read about the Return permit for residents. That could be an option but I also read it is very hard to get it. Any inputs?

Thanks for the replies. So I can still go to the US with my Green Card although my reentry permit got denied? Am I allowed to enter the country and stay?

Dear all, Hope you are having a good day! I need urgent advice on this very complicated situation I am in right now. If anyone already went through this or has experience with the topic, I would be happy to have your feedbacks! Long story short. I was living in the US and got my permanent Green Card in 2019. In 2021, I filed for the reentry permit (I-131) because me, my American husband, and our daughter, we came to my home country, Switzerland, and I anticipated staying more than 12 months. We didn't exactly know how long we would stay because of various reasons. So, to be on the safe side, I applied for the permit. I knew I had to physically be in the US to file for the reentry permit that is why I sent my application while in the US. I sent it on October 28, 2021 (I have the USPS receipt) and USCIS cashed my check on November 2, 2021. I left the US on October 29, 2021. Just two weeks after, I received the letter from USCIS saying I don't have to give my biometrics because they already have it. Just wait for the decision. In my application, I indicated that I wanted my permit to be sent to the local embassy in Switzerland because that is one of the option when you are abroad. I knew it woud take quite some time to receive a decision because of the backlog at USCIS. So, I waited 17 long months and yesterday, I got their letter saying my case was denied. I'm in disbelief! The reason is: "USCIS records indicate you departed the United states on October 29, 2021 and you have not returned. USCIS records further indicate that you filed your application for reentry permit on November 2, 2021." Why do they mention that I filed on November 2? I sent everything on October 28. Is the date of reception at USCIS the date of filing? I'm lost. I want to appeal because there must be a way out of this. Also, how many times can one file for this permit? If I appeal and it gets denied, can I file again next time I'm in the US? Thank you in advance!