Travel to US with expired re-entry permit but valid GC ?

[haresh29]

Hi - my wife and I moved to India in Sept 2011, we have valid re-entry permits and GCs, our elder son born in India has a GC however his re-entry permit expired in May
2016. Our younger son was born in April 2016. We are now planning to travel to US to renew our re-entry permits and also apply for our younger son's GC. Will my elder
son be allowed to enter the US on expired re-entry permit but valid GC ? Is it safer to apply for his returning resident visa instead ? I have discussed with 2 immigration lawyers but received conflicting opinions with one saying that a returning resident visa is needed while my company lawyer saying that our son should be able to travel on his valid GC even though the re-entry permit is expired. The returning resident visa process takes at least 3 months and the delay will lead to my wife and my re-entry permits to also expire. I would appreciate your response so I can take the appropriate decision.

Thanks.

[rayb]

You're getting conflicting opinions from two attorneys because the question cannot be answered with certainty. If the Reentry Permit is expired, it won't guarantee acceptance and reentry to the U.S. If the GC is not expired, the user might be allowed entry, but may face later adjudication, or it might be overlooked completely. A "returning resident visa" is supposed to be reserved for extraordinary reasons for allowable return to the U.S., but is sometimes approved by one Consulate post, but denied by another, when the basis is the same.

Aside from the obvious sermon of how you have ignored the the requirements for retention of U.S. GC status, you really have no choice but to try reentering despite the Reentry Permit expiration and hope for a humanitarian decision at the Port of Entry.

--Ray B

Hi - my wife and I moved to India in Sept 2011, we have valid re-entry permits and GCs, our elder son born in India has a GC however his re-entry permit expired in May
2016. Our younger son was born in April 2016. We are now planning to travel to US to renew our re-entry permits and also apply for our younger son's GC. Will my elder
son be allowed to enter the US on expired re-entry permit but valid GC ? Is it safer to apply for his returning resident visa instead ? I have discussed with 2 immigration lawyers but received conflicting opinions with one saying that a returning resident visa is needed while my company lawyer saying that our son should be able to travel on his valid GC even though the re-entry permit is expired. The returning resident visa process takes at least 3 months and the delay will lead to my wife and my re-entry permits to also expire. I would appreciate your response so I can take the appropriate decision.

Thanks.

[meni]

Hi - my wife and I moved to India in Sept 2011, we have valid re-entry permits and GCs, our elder son born in India has a GC however his re-entry permit expired in May
2016. Our younger son was born in April 2016. We are now planning to travel to US to renew our re-entry permits and also apply for our younger son's GC. Will my elder
son be allowed to enter the US on expired re-entry permit but valid GC ? Is it safer to apply for his returning resident visa instead ? I have discussed with 2 immigration lawyers but received conflicting opinions with one saying that a returning resident visa is needed while my company lawyer saying that our son should be able to travel on his valid GC even though the re-entry permit is expired. The returning resident visa process takes at least 3 months and the delay will lead to my wife and my re-entry permits to also expire. I would appreciate your response so I can take the appropriate decision.

Thanks.

Does GC mean Green Card? Green Card holders are lawful permanent residences of USA and they will no more in needs of visas when their Green cards and their passports are valid. They can travel outside of USA under one year time of period (less than 6 months is better) and they can come back as they pleased.
Re-entry permit? Are you saying that you are using travel documents? If it was a travel document, I think that you would need to extend this document. It is considered like as a passport and which is supposed to be valid whenever you travel.

[rayb]

Meni,

You seem to be missing some pieces of this scenario in your response:

1. Yes, "GC" was referring to Green Card.
2. A Reentry Permit allows a GC holder to stay out of the U.S. to two year.
3. A Reentry Permit must be applied for while in the U.S., and cannot be extended from outside the U.S.

--Ray B

Does GC mean Green Card? Green Card holders are lawful permanent residences of USA and they will no more in needs of visas when their Green cards and their passports are valid. They can travel outside of USA under one year time of period (less than 6 months is better) and they can come back as they pleased.
Re-entry permit? Are you saying that you are using travel documents? If it was a travel document, I think that you would need to extend this document. It is considered like as a passport and which is supposed to be valid whenever you travel.

[meni]

Thank you

Meni,

You seem to be missing some pieces of this scenario in your response:

1. Yes, "GC" was referring to Green Card.
2. A Reentry Permit allows a GC holder to stay out of the U.S. to two year.
3. A Reentry Permit must be applied for while in the U.S., and cannot be extended from outside the U.S.

--Ray B

Thank you Rayb. Learning some thing everyday. This one is from you. Thanks again for detail explanation.