Hi,
My sister in law is a US permanent resident since 2018 and does not want to file for citizenship, she just wants to maintain her Green card holder status. Due to her father-in-law's critical illness and her husband being only son, she moved back to home country with her husband and daughter (US citizens) 2 years ago. She travelled back to US and filed for a 2 years reentry permit back in July 2022 via mail and later came back to US again for her biometrics. We just received 'Denial Letter' from USCIS for being out of the country when USCIS received her initial application (She applied on July 13th by mail and flew our of US on 15th July, USCIS received on July 16th). This looks like a justified denial but now she wants to come back to US and apply again for 2 year reentry permit and make sure USCIS receives her application and complete her biometrics before leaving country again.
She has spent most of past 2 years out of US (minus 3 short trips to US), my understanding is since she has been living out of country for a while now, she does not have a ground to apply for reentry permit before she lives in US for a year or two or whatever reasonable duration but she seems to insist that USCIS will allow/approve her application if she applies again. Also to add, during her last entry into US, she was questioned and held by CBP for 3 hours for being out of country for extended period of time without having an approved reentry permit.
Any suggestions / opinion or experience in such case ? Please share.
Thank you,