# Reentry permit



## dennyway (Aug 14, 2009)

I am back in ireland the past 8 years, before I left the US I got citizenship and also got US passports for my 2 kids last year. My husband lost his job over a year ago so I applied for green card for him and was sucessful (eventually) He was over in America in nov. looking up job opportunities etc for a month but obviously its a big move/and very expensive/we have two kids also so its not an easy move, and there of a school going age etc I am pregnant at the moment and not due the baby till July so my husband has been back in Ireland since November and would hope to make the move maybe in August/September. We want to make sure he does not lose his green card in the meantime and when I called the US Embassy in Dublin they said to apply for a re-entry permit and that he should have done this before he left the US (but obviously he did not know anything about a rentry permit which is good for 2 years). Its only being 3 months since he was in the US so should he go back to the US in May for a few days to keep it open etc any advice on re-entry permits would be most helpful as when looked up the I-131 form it asks you what date you want to enter the country etc Any advice or if anyone has had any experience would be most grateful


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## Maddalena (Feb 6, 2010)

dennyway said:


> I am back in ireland the past 8 years, before I left the US I got citizenship and also got US passports for my 2 kids last year. My husband lost his job over a year ago so I applied for green card for him and was sucessful (eventually) He was over in America in nov. looking up job opportunities etc for a month but obviously its a big move/and very expensive/we have two kids also so its not an easy move, and there of a school going age etc I am pregnant at the moment and not due the baby till July so my husband has been back in Ireland since November and would hope to make the move maybe in August/September. We want to make sure he does not lose his green card in the meantime and when I called the US Embassy in Dublin they said to apply for a re-entry permit and that he should have done this before he left the US (but obviously he did not know anything about a rentry permit which is good for 2 years). Its only being 3 months since he was in the US so should he go back to the US in May for a few days to keep it open etc any advice on re-entry permits would be most helpful as when looked up the I-131 form it asks you what date you want to enter the country etc Any advice or if anyone has had any experience would be most grateful


It is made pretty clear that once you have a "green card" application approved, you may NOT leave the USA until the process is complete.

However, it is possible that he may be granted a re-entry permit. Only the USCIS can answer your question.


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## Davis1 (Feb 20, 2009)

Maddalena said:


> It is made pretty clear that once you have a "green card" application approved, you may NOT leave the USA until the process is complete.
> 
> However, it is possible that he may be granted a re-entry permit. Only the USCIS can answer your question.


He will need longer than a few days trip ..he will have to file the 131 ..Then wait for the biometric appointment ..once thats done he will need to arrange forwarding ..then he can leave


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## dennyway (Aug 14, 2009)

Davis1 said:


> He will need longer than a few days trip ..he will have to file the 131 ..Then wait for the biometric appointment ..once thats done he will need to arrange forwarding ..then he can leave


just to confirm that my husband has the actual greencard in his possession so not too sure what you mean regarding 'NOT leave the USA until the process is complete. Aso regarding the biometric appointment - my husband has had his fingerprints taken before (when entering the USA from Ireland) and his fingerprints are on file so did not think he would have to do this, but maybe he does. Thanks for your reply


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## Fatbrit (May 8, 2008)

dennyway said:


> just to confirm that my husband has the actual greencard in his possession so not too sure what you mean regarding 'NOT leave the USA until the process is complete. Aso regarding the biometric appointment - my husband has had his fingerprints taken before (when entering the USA from Ireland) and his fingerprints are on file so did not think he would have to do this, but maybe he does. Thanks for your reply


Still needs the biometrics whether they've got no sets or a hundred sets on file. I'd guesstimate around a month from application to receiving his biometric appointment. At some biometric centers, they'll allow you to come in early before your appointment date......but only AFTER you've received the appointment letter.

Make sure your husband files his US taxes for 2009.


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## dennyway (Aug 14, 2009)

Fatbrit said:


> Still needs the biometrics whether they've got no sets or a hundred sets on file. I'd guesstimate around a month from application to receiving his biometric appointment. At some biometric centers, they'll allow you to come in early before your appointment date......but only AFTER you've received the appointment letter.
> 
> Make sure your husband files his US taxes for 2009.


I will jointly file our taxes for 2009 this week. Just to clarify regarding the Re-entry permit as obviously it’s a lot more complex and hassle doing it from outside the USA which I know your not meant to be doing. My husband is residing in Ireland till after the baby is born, he is thinking of going over to the US in May for a week so it will be less than 5 months since he was there and yes I know he is not guaranteed to be let in and that he should be residing there but at moment there’s no other option for us. He sends of his re-entry permit application from Ireland, (I-I31), he gets an interview date at some state a few months later and a biometric appointment. So he would then fly over to do this? Or would you suggest he does not go to the US in May and just send off the re-entry permit and wait for an appointment date for the interview and biometric appointment? thanks again


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## twostep (Apr 3, 2008)

I hate to tell you this but a green card is not a pond hopping visa.

Fatbrit please correct me if I am wrong. Re-entry has to be filed in the US prior to leaving.


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## Fatbrit (May 8, 2008)

dennyway said:


> I will jointly file our taxes for 2009 this week. Just to clarify regarding the Re-entry permit as obviously it’s a lot more complex and hassle doing it from outside the USA which I know your not meant to be doing. My husband is residing in Ireland till after the baby is born, he is thinking of going over to the US in May for a week so it will be less than 5 months since he was there and yes I know he is not guaranteed to be let in and that he should be residing there but at moment there’s no other option for us. He sends of his re-entry permit application from Ireland, (I-I31), he gets an interview date at some state a few months later and a biometric appointment. So he would then fly over to do this? Or would you suggest he does not go to the US in May and just send off the re-entry permit and wait for an appointment date for the interview and biometric appointment? thanks again


Maintaining permenant residency is a very grey area -- there are few fixed and fast rules. Generally, CBP assume if you've been out for less than 6 months and there is no pattern of spending 6 months out and 1 week in, you're okay. Between 6 months and a year, they start getting heavy, and over a year they get very heavy and assume you've abandoned it. However, CBP has no power to remove your residency. They can try to get you to _voluntarily_ relinquish it, but if you stand firm, then they'll (most probably) parole you in for a future hearing in front of an immigration judge. An IJ will look at the evidence that he intends to be a US resident: paid taxes, bank account, etc.

Can he apply for a re-entry permit from Ireland and then travel to the US for the biometrics? I have no idea whether your location at the time of application is important or not! However, no interview is required for this benefit.

I'd be tempted to just have him over for a week or two in May without bothering with an application if the final move is going to be in August/September. He may or may not grilled on this last entry by CBP, but the fact that he he'll be accompanied by a spouse, a gaggle of kids and hopefully a mountain of luggage should alleviate their suspicions. If the worst gets to the worst, he just needs to repeat the mantra: I want to see the judge!

But I'm not you! And it's a risk whichever path you take.

There is a third option not yet mentioned BTW -- consulates also issue a returning resident's visa.


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## Davis1 (Feb 20, 2009)

You must be physically present in the united states when you file the rentry permit application


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## mfowler (May 29, 2009)

I'm going to be submitting a re-entry permit from within the US in September. I was also under the impression it had to be submitted while in the US but not sure if they would actually look into whether you're there or not when processing it. I'm going to leave after biometrics are completed and then get it sent to the UK Embassy.

Fatbrit's suggestion of going over in May for a few days, then your final move within 6 months would be the easier option. Also, I think you can only get a re-entry permit once so you may need it at a later date if your plans change.

I'm finding it hard to find any information on what is an acceptable reason for applying for one and what evidence (if any) you need to show.

Good luck either way.

Megs


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