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Reentry Permit

Returning to US from India, after a gap of 3 years

She should apply for RR (also known as SB-1) visa. Lose the idea of an "excuse." Nothing but the truth. My GUESS is, you are better off surrendering her green card and reapplying.

Guestbook Entry for Sandeep K, United States

Name: 
Sandeep K
State: 
Virginia
Country: 
United States
Comment: 

I wanted to more about diffrent options on my wife's re-entry back into the USA. I contacted Mr. R. Khanna's office in this regard. I had a conferance call with Mr. Khanna and his associate Ms. A. Baker. They both were very helpful and clear in explaining our options. Mr. Khanna gave me couple options and told me to try a more economical option before starting on longer and a somewhat expensive process. Very professional in their approach and helpful. My sincere thanks to Mr. Khanna, Ms. A Baker and Ms. Leslie H. I will be starting the process very soon with them and hope to have a smooth and fast one. Sandeep K

Posted on: 
16th Apr, 2012

Reentry permit process

You have two choices: wait after applying for reentry permit to get called for biometrics (you can request expedite base upon your circumstances); OR, apply for reentry permit and leave USA. Come back for biometrics. DO SPEAK with a lawyer to understand the implications.

Reentry application and biometrics

As I recall, as long as the application has been physically received by USCIS, your departure does not cause abandonment. So, you should not have to worry. But you will need to be back for biometrics associated with the I-131.

Reentry permit is it recommended?

If you are not abandoning your permanent residence in USA (keeping your home, job, etc.), I see no need for a reentry permit for a three-month trip. She should apply and through counsel.

Reentry permit is not a guarantee

Generally speaking, a reentry permit is not a guarantee. It is merely an official declaration of your intention not to abandon your green card. Normally, the govt. does not question it. But if there are facts that make them suspect that you either never established or never intend to establish permanent residence in USA, they can take you to immigration court to take away your green card.

GC and Company Involvement

Company needs to give you a detailed letter and you can work for their India operations.

Possession of re-entry permit does not guarantee readmission?

Good point. This is a widely misunderstood provision of law. Reentry permit is merely your official assertion: "I intend to keep my permanent residence." Usually, the govt. does not question this intention during the life of the RP. But if they want to make an issue of it, they can.

Working outside USA

It is possible. Look into both I-131and N-470 filing through a lawyer.

Reentry Permit and N-470

Form N-470 has existed for a long, long time. This is not a new form or rule.

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