reentry visa

[pkghosh]

If apply for a reentry visa, leave US immediately and get my reentry visa 6 months after my departure, do I have 2 years or 2 1/2 years before I have to come back.

How do I arrange to have the rentry visa picked up abroad. Will it be OK for someone else in the household to receive the reentry visa in US and mail it abroad.

[JoeF]

Re: Reentry permit

First a terminology correction: it is called a reentry permit, not a visa.
The reentry permit is valid for 2 years from issuance. You have to return during the validity of the permit. So you may indeed be able to stay abroad for more than 2 years.
The reentry permit form can be forwarded to a US consulate, where you can pick it up. You can also arrange to have somebody trusted in the US receive it and then send it to you (use a carrier like UPS or FedEx for that.)

[pkghosh]

Reentry permit

Thank you very much. Here is a follow up question. Since renetry permits are taking longer than 6 months and close to a year for processing, is it OK to be outside US during that period. Is it safer to make one trip back to US, during the long processing time of reentry permits.

[JoeF]

Re: Reentry permit

There is nothing wrong with being abroad while the reentry permit application is processed.
There is no guarantee that the application gets approved, though. That's completely in the discretion of the BCIS examiner.
So if it takes longer than 1 year for them to reach a decision, you should come back before the year is over to avoid losing your GC.

[lalisam]

re-entry permit

what is the solution for a greencard holder to apply for reentry permit ,as he has to come to India urgently
& has to stay back in India for nearly 2 years.as he cant go back to usa to apply for reentry permitnow.Is there a
way for him to get reentry permit from India?
Thanks

[JoeF]

Re: re-entry permit

No. You absolutely have to be in the US to apply for a reentry permit.

[lalisam]

reentry permit

Ok I have to be at usa to apply.But if circumstances
does not permt me to go to USA just to file the appln,
does it amount to I lose my GC status.Is there any way
I can represent ?
Thanks

[JoeF]

Re: reentry permit

Absolutely nobody who is abroad can apply for a reentry permit. The applicant has to be physically present in the US at the time of filing the application. No exception. Period.
If a person does not return to the US within 1 year (without reentry permit) or within the validity of the reentry permit, that person loses the GC. In very limited cases, it may be possible to get a Returning Resident visa. But the delay must have been caused by reasons beyond the person's control. And quite frankly, unless a person is ill or in prison, I don't see much that would prevent that person from a short trip to the US.

"Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--
That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects."

[lalisam]

reentry permit

please clarify.
I have to come from USA bringing my wife to have treatment for herat chennai for a malignant disease.
As it was a sudden trip, I could not apply reentry permit at usa.Now the situation is I have to stay at india
more likely for more than 1 year to attend on my wife.
can I apply for SB1 visa at consulate chennai& if yes what is the procedure?
Thanks.
Sam

[lalisam]

reentry permit

Can someone help me in answering to my
above question as I have to act quickly.
Thanks,
Sam

[JoeF]

Re: reentry permit

Go to the link I provided in my previous post: travel.state.gov/visa;ret...alien.html
It says: "Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing."
The form needed seems to be the DS-117: travel.state.gov/visaforms.html

[lalisam]

reentry permit

sorry to bother you again.But again the whole thing is
very confusing.Let me put it thi s way.
"A person with green card can apply for reentry with
BICS before leaving usa if he intends to stayback at India more than a year & less than 2 years."
" If a person for some reason as in my case left usa
without applying for reentry permit, has to stay back in INDIa for more than a year,AS PER the message sent by you above, should apply in FORM DS 117 to the consulate.Kindly read the attached mail message of consulate, by which I have to interpret that I have to approach the consulate with DS117 only after 1 year.
This is risky if by chance it is refused.
Since I am very definite that I will be staying back in India for more than a year, I wanted to be safe in applying for reentry visa now itself so that I may not lose my GC status.
"Is there a way to apply nowitself to consulate
for the reentry in anticipation of my overstay of more than a year.Kindly clarify if you can in detail.
Thanks
SAM
Message of consulate
SB1 - can be applied only if you have stayed outside U.S. for more than
1
year and your green card/re-entry permit has expired.
If you want to reacquire status as a Legal Permanent Resident, then you
may
apply to determine eligibility for status as a Returning Resident
(SB-1). An
alien can only qualify for a Returning Resident visa if the alien is
able to
demonstrate that he or she was lawfully in status as a resident when he
or
she last left the United States and that the protracted stay abroad
"was
caused by reasons beyond the your control for which you were not
responsible" There is a $ 360 fee(payable to the American Consulate
General,
in Chennai), and the applicant must come to our office Tuesday - Friday
at 8
a.m., except for holidays to execute the application. It is worth
noting
that few people are able to demonstrate that the prolonged stay abroad
was
for reasons beyond their control, rather than being the result of
conscious
choice.

If the visa is approved, you may go back and get the affidavit of
support
and other documents from your relative in U.S who is going to support
you. A
date will be scheduled for a personal appointment and instructions will
be
sent to you. You need to complete the medicals and appear with all the
documents for the final process. The fees will be $335.

Customer Service Unit
American Consulate General
220, Anna Salai
Chennai 600 006
India

[JoeF]

Re: reentry permit

As I have said before, you can NOT apply for a reentry permit while abroad. Period. End of story. I don't understand how that can confuse anybody.

The SB-1 visa is a completely different thing. The consulate told you the same thing that the website I pointed you to says.
If you stay abroad for over 1 year without reentry permit, you lose your GC. Period.
The SB-1 visa, if issued (and that is a big if), would revalidate the GC. The consulate emphasizes that you'd be eligible for an SB-1 visa only if "the protracted stay abroad was caused by reasons beyond your control for which you were not responsible" and warns "It is worth noting that few people are able to demonstrate that the prolonged stay abroad was for reasons beyond their control, rather than being the result of conscious choice."
It can't get much clearer than that.

From my understanding of your posts, you are making a concious choice not to return to the US within one year. Therefore, you would not be able to get an SB-1 visa.
You are of course free to make this choice, but if you do, you will lose the GC. End of story.