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Reentry Permit Expired While Abroad

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  • 05-14-2012, 02:41 AM
    jlow
    Reentry Permit Expired While Abroad
    Hello everybody,

    Thank you for reading this.

    I'm a LPR. About three years ago I left the USA to study abroad. Before leaving I applied and received my Reentry Permit valid for two years until Nov 2011.

    The last time I was in the USA was on September 2011. Although my Reentry Permit was expiring in November 2011, I didn't have the time to apply for a new one on that visit and I hoped I would be able to be back for a longer visit soon after.

    I ended up not visiting the USA since then (Sept '11) and now I'm planning on visiting during August 2012.

    I'm wondering whether due to fact that my reentry permit expired in November 2011 and I did not renew it they will look at me as if I abandoned my GC and give me some trouble or whether they will be ok with me since I haven't been abroad for more than a year.

    Any help will be greatly appreciated!

    Jlow
  • 05-15-2012, 10:36 AM
    Mr. Knowitall
    Re: Reentry Permit Expired While Abroad
    Given that it has been about eight months since your last entry, and about six since your reentry permit expired, you should consider seeking a SB-1 returning resident visa.
    Quote:

    Quoting Step 1 - Qualifying for Returning Resident Status
    Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

    • Had the status of a lawful permanent resident at the time of departure from the U.S.;
    • Departed from the U.S. with the intention of returning and have not abandoned this intention; and
    • Are returning to the U.S. 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.

    As we don't know the history of your case or why you weren't able to return at an earlier date, you may benefit from consulting an immigration lawyer.
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