# U.S. Re-entry permit deadline affected by Aust. exemption pass denial



## mias (Apr 10, 2021)

Hello, just wondering if others are in a similar situation? 
I am currently in Australia and international borders are still closed.
I applied to the Australian Border Forces for an exemption to exit Aust. to relocate to the U.S. I have a current Green Card, however, my 2-year re-entry permit expires in July 2021. I had intended to relocate 12 months ago to the U.S., but I didn't think that border lockdown would be so strict and still be in place. Lockdown in Australia started March 2020.
My exemption application was denied. I was advised in the reply notice to investigate with U.S. consulates in Australia, as "provisions had be made for US visa holders outside the US" who were affected by Covid-19 border restrictions. I did this via email, with my details and received a generic reply outlining the responsibility of having a GC, which I am aware of. There were no provisions or amendments for re-entry permits and there was no mention of Covid-19.
Just wondering what I could put in my next application to ABF?


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## Moulard (Feb 3, 2017)

I suspect that this is a reference to the Returning Resident Visa (SB-1). This visa allows a US greencard holder who has remained outside the US beyond the validitity period of their re-entry permit to resume residency.

To qualify for returning resident status, you will simply need to prove to the Consular Officer that you:

Had the status of a lawful permanent resident at the time of departure from the United States;
Departed from the United States with the intention of returning and have not abandoned this intention; and
Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.
Clearly the current circumstances are beyond your control. Include your rejection letter from ABF as part of your application for the SB-1 as it makes it clear that you have attempted to return.

You can always contact your local US consulate for advice if you are uncertain.

Here is more...






Returning Resident Visas







travel.state.gov





Setting the SB-1 aside for a moment, you could always take advantage of the bubble between Australia and NZ that allows you to travel there without an exemption. 
NZ will not stop you continuing on the the US.


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## mias (Apr 10, 2021)

Thanks, Moulard for your very informative and comprehensive entry. I'm wondering about the transit through NZ. Looking up websites, It states no in-transit travel through NZ. onto the US. Would it need to be over 72 hours layover NZ?


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## Moulard (Feb 3, 2017)

I don't really know and there isn't a lot out there on the travel bubble yet as I don't think it has started yet.
I just know that it is being seen as a loophole that will allow Australian citizens and permanent residents to leave the country without an exemption.


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## fastenyourseatbelt (May 2, 2021)

I am in a similar situation to you. 

I am a GC holder and hold a US re entry permit which was valid until September 2020, my last exit from the US was August 2019.

I believe I have to apply for a SB-1 visa and of course I am nervous about the process as well as the timing as I have an internal transfer job offer in the US to start as soon as June 2021.

Plus then add to that trying to get an exemption to get out of AU!



mias said:


> Hello, just wondering if others are in a similar situation?
> I am currently in Australia and international borders are still closed.
> I applied to the Australian Border Forces for an exemption to exit Aust. to relocate to the U.S. I have a current Green Card, however, my 2-year re-entry permit expires in July 2021. I had intended to relocate 12 months ago to the U.S., but I didn't think that border lockdown would be so strict and still be in place. Lockdown in Australia started March 2020.
> My exemption application was denied. I was advised in the reply notice to investigate with U.S. consulates in Australia, as "provisions had be made for US visa holders outside the US" who were affected by Covid-19 border restrictions. I did this via email, with my details and received a generic reply outlining the responsibility of having a GC, which I am aware of. There were no provisions or amendments for re-entry permits and there was no mention of Covid-19.
> Just wondering what I could put in my next application to ABF?


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## Moulard (Feb 3, 2017)

I would expect that the Consulates here in Australia will have a good understanding of the issues at hand and will be sympathetic towards issuing an SB-1 under the current circumstances.

To be eligible you must be "...returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible."

Clearly the border lockdown is beyond your control, and if you have applied, but failed to be granted a travel exemption its prima-facie evidence that you have made reasonable attempt(s) to return in a timely manner.

So I don't think you should be nervous about an SB-1 particularly if your original plans had you returning after the start of the pandemic and introduction of travel restrictions.

The job to return to.. now that could well be something to be worried about - but I have seen this sort of thing work., particularly given businesses seem to be far more comfortable with tele-working. Depending on where in the US they are based, it might mean an early start to the day, but you may be able to get several hours of overlap. Given it is an internal transfer they may well be more ameniable than they might be if it were a new job altogether


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