Return with GC but expired Reentry permit

[sjc200]

Hi,

My adult daughter will be returning to the US in a couple of weeks, and her situation is the following -

- She has an unexpired Greencard.
- Her (first) reentry permit will have just expired when she arrives (10 days previously).
- The reason for her absence (given when she applied for the reentry permit) was that she was completing her degree in the UK.
- During the validity of her reentry permit (2 years) she was in the US 3 times (1 week, 3 months and 2 months). All visits (~21 weeks total) were in the last 12 months.
- She has a US bank account, a US phone, Global Entry, health insurance, has filed tax returns every year she has had her GC, and is applying for work in the US (but does not currently have a job here).
- Family she has in the US is myself (UK citizen, GC holder), Step mother (US citizen) and step-sister (US citizen).
- She will be in the US for just over 3 weeks, before returning to the UK to work out her job's notice period and finish some additional classes, with the plan to then return permanently before the end of the year.

My question is, do people think she will have problems being readmitted in a few weeks or on her return? Should we even consider applying for another reentry permit (if she still meets the criteria, which seems unlikely) to cover the remaining period she is out of the US?

many thanks
Steve

[newacct]

Hi,

My adult daughter will be returning to the US in a couple of weeks, and her situation is the following -

- She has an unexpired Greencard.
- Her (first) reentry permit will have just expired when she arrives (10 days previously).
- The reason for her absence (given when she applied for the reentry permit) was that she was completing her degree in the UK.
- During the validity of her reentry permit (2 years) she was in the US 3 times (1 week, 3 months and 2 months). All visits (~21 weeks total) were in the last 12 months.
- She has a US bank account, a US phone, Global Entry, health insurance, has filed tax returns every year she has had her GC, and is applying for work in the US (but does not currently have a job here).
- Family she has in the US is myself (UK citizen, GC holder), Step mother (US citizen) and step-sister (US citizen).
- She will be in the US for just over 3 weeks, before returning to the UK to work out her job's notice period and finish some additional classes, with the plan to then return permanently before the end of the year.

My question is, do people think she will have problems being readmitted in a few weeks or on her return? Should we even consider applying for another reentry permit (if she still meets the criteria, which seems unlikely) to cover the remaining period she is out of the US?

many thanks
Steve

Since her last absence was less than 1 year, her green card by itself is a valid document for entry; she doesn't need another document like a Re-entry Permit to enter (as she would if her absence was more than 1 year, since the green card is no longer a valid document for entry). Whether she will be determined to have abandoned residence or not is another question that is hard to answer because it is subjective.

A Re-entry Permit can only be applied for while she is inside the US. If she is allowed in, she can apply for a Re-entry Permit while she is here. Note that she will need to attend biometrics in the US as part of the application, so hopefully she stays long enough to attend biometrics before leaving, or she would have to return to the US to do biometrics.