ordjnb

Thank you. This is clear, and agreed it’s the CBP that I’m worried about but I’m working on that as a separate case. Just to make sure we don’t risk loss of their green cards just to enter the US when they aren’t planning to move yet, just incase a reentry permit gets denied.

To be clear, I’m not asking about what CBP will determine. Of course there is extra scrutiny there about abandonment of status. I’m asking specifically about from USCIS’s point of view, will they deny a permit based on any reasons outside of procedural issues. In other words, if they applied for a reentry permit while physically present in the US and completed the biometrics and the checks cleared, are there any reasons to deny an application, and has there been cases of this? I’m not here to ask about whether or not my parents have abandoned their status. There’s a whole back story about why they haven’t been able to move here, and they’ve filed their taxes. Entering when they finally move to the US and having CBP will be its own thing.

Hi Forum, Are there any instances of the I-131 Reentry Permit getting denied for reasons other than not paying the fee correctly, not being in the country at the time of application or missing the biometrics appointment? Can you get rejected for being outside the country too long, for example? I understand that if you’ve been out 4 years you’ll only get one year permit. What I’m trying to understand is if it’s worth the risk of bringing my parents into the US temporarily while they wait for the reentry permit (which is risky as they haven’t lived in the US for nearly the entirety of their LPR status and the current administration) or risking staying abroad - which has its own risk as reentry permits taking 1.5 years and being out for over a year can invalidate their status. Any instances of denial other than what I mentioned can be helpful in my determination of what to do. thanks

I don’t think waiting beyond a year will cause a denial. There’s cases of people who have been out for over a year and their REP was approved and they entered the US on it no problem. If you were physically in the US while you applied and not leave after mailing, the chances of denial are pretty low I’d say. That’s the only reason I see for a denial for a permit thought I’m sure there might be other reasons not applicable to you like crime. if you do do a trip I think entering with your wife does help the case.

I'd also add that she can only leave after you get confirmation that USCIS has processed it, not just received from USPS/UPS/FedEx. To your point though, she'd have to come back for biometrics though.

Think this depends on your risk tolerance. I'm facing the same issues for my parents. If you can go, I'd go with a lot of evidence, with ties to the US, including tax returns, bank accounts, and your biometrics and notice letters to prove intent of returning. You can argue that you came in under the year mark, to stay legally compliant, even though you have a reentry permit pending. The risk you run is if your Re-Entry permit is denied, being away a year is abandoning your green card. To give you an idea, my parents entered the US last month, 11 months after their prior visit and got their green cards revoked and issued an NTA. My dad had a pending re-entry permit (ironically it was approved a week ago) and my mom just had hers expired 2 days before entry. We messed up by having my mom travel after expiration, but they were indeed out for a while. My dad provided a copy of his notice not the original (that's with me) and had a copy of my US passport. It's the only evidence we gave, and was very weak and my parents with their bad English were unprepared. We got super lucky as CBP made a clerical error and gave back their green cards the next day and cancelled the NTA but it gave us the scare we needed to be prepared. I'm assuming your REP will get approved in June, if everything went well, you can pass your 1 year mark and be fine, if it is denied for whatever reason (unlikely unless you weren't physically present when applying but who knows), you're going to need to apply for that SB-1 visa and chances of approval are none.

Hi, I understand that if you have spent more than 4 years outside the US you get a REP valid for 1 year. But considering that these applications take well over a year now, what happens if at the time of the application you're at 3 years aboard (and thus eligible for the 2 year REP) but by the time its approved you've been outside for 4 years? Is the validity based on the time of the application or approval?

Sorry meant after arrival to USCIS

But when I did this a few years ago, after it arrived my checks got cashed and received electronic notifications within a day of arriving to USPS - right now I’m sitting on a week and no notification of receipt at all?

Oh wow it’s slowed down that much? Two weeks is the minimum now?

I recently filed for a reentry permit for a parent. The last time I did this, I filed the form and it took about 2 days to arrive and the payment was processed a day later - this was back in 2023. This year on 2/15 I filed the application, USCIS received it on 2/18, but no payment has been processed, and I’ve received no electronic confirmation (I filed a G-1450). Was wondering if it’s taking longer lately OR my more paranoid mind thinks I made a clerical error with a date or didn’t sign something. So just wanted input from the community on their recent I-131 submission timelines. thanks!

I want to share previous experiences with you. If you have your money taken out for the I-131 it means that USCIS has accepted your documents and you are free to leave until your biometrics appointment, but seems they waived that for you so you are good. if you however leave without receiving a notification (if you filed the G-1450) or having your credit card charged /cash checked then you will continue as normal for about a year and then USSCIS will reject your case for having not been present while filing. I hope this helps. This has happened to me before. I sent you a note asking you about your filing hope you can help me with how long it took for your application to be sent, then to have the money taken as I’m waiting on a reentry permit application myself and it seems to be taking a while. thanks

Another update: after 9 hours in secondary (yes 9) and thinking we were doomed for a day I noticed something odd in the documents they issued to my parents and called CBP about it and ended up getting my parents got their green cards back purely due to the CBP’s incompetence. They issued an NTA to appear at court in NYC, but then didn’t admit my parents as LPRs but on Parole. They paroled them to only the CNMI, creating a contradiction - if they left the CNMI (port of entry) abroad or even domestic to travel to NY for the court date, they’d be in violation and banned from the country. Seeing this error, they asked us back to the airport and voided the parole and issued the green cards back

Update on this: for anyone reading, make sure to visit the country within 6 months. My parents were held up in secondary inspection and will have to attend a court hearing

Thank you that’s an excellent datapoint. Yes, it’s set to go to an embassy