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Hello,
Thanks in advance for all the help.
I have held the green card since 2012 but since 2013 I have been living in the UK where I have been working for a subsidiary of a US company. During this time, I have been careful to make sure to continue to apply for re-entry permits making my case each time that I still have strong connection to the US (have a house, kids who are US citizens, current US bank accounts and so on). I never had any problems with that process until this year.
In February 2020, I went to the US to apply for a new re-entry permit as my previous one was about to expire. I mailed the application and left the country the next day. Later I received an invitation for fingerprints for the end of March. However, that was just the time when the Covid-19 was starting to get really bad both here and in the US. So I asked to reschedule the appointment.
I heard nothing back for a while until a couple of weeks ago I received a letter saying that my request for re-entry permit was denied. The reason provided was that I was not in the country when the application was accepted by the USCIS. Indeed, I wasn't - I was there when I mailed it but not when they received it, which was several days later. The guidance says that I need to be present in the country when I "file" the application, which I presumed meant sending it by mail. In the past, I even mailed it during my layovers when I flew somewhere through the US.
So question number 1: Did I really misunderstand it and, in fact, I had to be physically present in the country when my application is accepted by the USCIS and not just when I mail it to them?
Then question number 2: Is it worth trying to appeal the decision or are my chances too slim? The fact that I have been living abroad for close to seven years now is probably a negative. On the other hand, I do have strong US ties with the house, kids, bank and credit card accounts.
Any help will be really really appreciated.
Thank you!
Diza
Thanks in advance for all the help.
I have held the green card since 2012 but since 2013 I have been living in the UK where I have been working for a subsidiary of a US company. During this time, I have been careful to make sure to continue to apply for re-entry permits making my case each time that I still have strong connection to the US (have a house, kids who are US citizens, current US bank accounts and so on). I never had any problems with that process until this year.
In February 2020, I went to the US to apply for a new re-entry permit as my previous one was about to expire. I mailed the application and left the country the next day. Later I received an invitation for fingerprints for the end of March. However, that was just the time when the Covid-19 was starting to get really bad both here and in the US. So I asked to reschedule the appointment.
I heard nothing back for a while until a couple of weeks ago I received a letter saying that my request for re-entry permit was denied. The reason provided was that I was not in the country when the application was accepted by the USCIS. Indeed, I wasn't - I was there when I mailed it but not when they received it, which was several days later. The guidance says that I need to be present in the country when I "file" the application, which I presumed meant sending it by mail. In the past, I even mailed it during my layovers when I flew somewhere through the US.
So question number 1: Did I really misunderstand it and, in fact, I had to be physically present in the country when my application is accepted by the USCIS and not just when I mail it to them?
Then question number 2: Is it worth trying to appeal the decision or are my chances too slim? The fact that I have been living abroad for close to seven years now is probably a negative. On the other hand, I do have strong US ties with the house, kids, bank and credit card accounts.
Any help will be really really appreciated.
Thank you!
Diza
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