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Reentry Permit for US Resident when already living outside of US

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  • Reentry Permit for US Resident when already living outside of US

    I'm a US citizen currently living in Guatemala. My wife obtained her permanent green card at the end of 2010.
    We have been living in Guatemala since 2009. She travels back to the US for a month or two every year but have never used a travel document I-131

    My concern is, does she have to file an I-131 or any other document for reentry into the US, or leave it as it is?

    Since she got her permanent card, we have lived outside of US most of the time since 2009.
    We don't want to raise a "red Flag" nor want the USCIS to consider she has abandoned her green card and remove it from her once she applies for any permit.

    Also, we don't even have a permanent address in the US other than a P.O. Box.
    So far she has never had any issues reentering the US, even if she travels for a few days or months.

    So should she apply for the reentry permit or any other document or leave it as is?
    Last edited by antiguatech; 06-09-2013, 02:00 PM.

  • #2
    She MUST be in the US to apply for the re-entry permit. She must then give her fingerprints IN THE US a few weeks later. She can either stay until that, or leave and come back for that, and then leave again and ask for the permit to be sent to the embassy in Guatemala. The problem is you don't have an address in the US. Do you have a friend whose address you can use? The other problem is that she's been out of the country for a long time since she got her GC. She MIGHT get a 2 year re-entry permit, but she might get a 1 year permit. It's even possible, though unlikely, that they will refuse it because they think she has already abandoned residency. Let's face it - she has.

    Are you two planning to move back to the US any time soon? If so, she can try to continue just coming once in a while every year. If you don't plan on moving back, why does she want to hold on the GC? She can surrender it and apply for a visit visa (which they will almost 100% grant), and then apply for a GC once again in future. If you can afford it and have the time, go ahead and try the re-entry permit, or just just visit the US once in a while. There's no guarantee this will work forever, so you must be prepared for that. They might warn her once or twice, and then ask her to see an immigration judge.

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