I am a US permanent resident (green card holder), and my husband is a US citizen. We moved to Japan in October 2016 for his job.
Before moving, I applied for a re-entry permit. The initial re-entry permit expired in late January 2019. But I applied for a new one in September 2018. I
wasn't able to travel to the US in September (my husband mailed it during one of his business trips). But I did go there in December 2018 for my biometrics
appointment. I thought everything was good until I just received a letter in the mail a few days ago saying my application has been denied because I was
outside the US when it was filed. I have 33 days to appeal.
I have researched my options, and I think I have 4.
(1) I can file Form I-290B to appeal. I think the likelihood of winning is very low, is this true?
(2) I can do nothing for now, then file Form DS-117 to apply for SB-1 returning resident visa when I want to return to the US. Again, I think the likelihood of getting this is very low, is this true? Also, if I wait too long, I'm afraid I might lose my green card.
(3) I can go to the US and reapply for a re-entry permit. I have a valid green card, but my re-entry permit is expired. Will they let me in if I don't have a valid re-entry permit? Or worse, will they take my green card? If they will let me in without too much trouble, then how long can I wait before I go there and re-apply?
(4) I can do nothing. I was just in the US 2 months ago and I have a valid green card. So shouldn't I be able to stay outside of the US with nothing except my green card for up to a year? So maybe I can go there this summer, then return annually to reset the 1-year clock?
I'm sure there are others that have had to deal with this same thing. Can anyone give me advice?
C999
Before moving, I applied for a re-entry permit. The initial re-entry permit expired in late January 2019. But I applied for a new one in September 2018. I
wasn't able to travel to the US in September (my husband mailed it during one of his business trips). But I did go there in December 2018 for my biometrics
appointment. I thought everything was good until I just received a letter in the mail a few days ago saying my application has been denied because I was
outside the US when it was filed. I have 33 days to appeal.
I have researched my options, and I think I have 4.
(1) I can file Form I-290B to appeal. I think the likelihood of winning is very low, is this true?
(2) I can do nothing for now, then file Form DS-117 to apply for SB-1 returning resident visa when I want to return to the US. Again, I think the likelihood of getting this is very low, is this true? Also, if I wait too long, I'm afraid I might lose my green card.
(3) I can go to the US and reapply for a re-entry permit. I have a valid green card, but my re-entry permit is expired. Will they let me in if I don't have a valid re-entry permit? Or worse, will they take my green card? If they will let me in without too much trouble, then how long can I wait before I go there and re-apply?
(4) I can do nothing. I was just in the US 2 months ago and I have a valid green card. So shouldn't I be able to stay outside of the US with nothing except my green card for up to a year? So maybe I can go there this summer, then return annually to reset the 1-year clock?
I'm sure there are others that have had to deal with this same thing. Can anyone give me advice?
C999
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