Pflugerville, TX asked in Immigration Law for Texas

Q: Can I enter USA if I left US without a travel document(bio metrics completed). I was out of USA for over 2 years.

I have a green card.

I applied for a REENTRY Permit before leaving.

March 2022: Travel document notice received.

April 2022: Biometrics completed.

May 2022: left USA due to medical reasons.

(I am still out of US)

January 2024: Received Travel document (Relative in US shipped it to me)

TD issued: July 2023

TD expires: July 2025

I plan to return Nov 2024

Since I have stayed out of US for more than 1 year, will i be in any trouble when returning?

Or will I be ok as

- I left country AFTER her biometrics and

- I received her Travel document?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Based on the details provided, you should be okay to reenter the United States with your valid reentry permit. Some key points:

- You properly filed for a reentry permit before leaving the U.S. and completed the biometrics appointment. This was important to show your intention to remain a permanent resident.

- You received the approved reentry permit while abroad. This shows you continued to comply with the process.

- Your reentry permit is valid, not expired. This will allow you to present a valid travel document.

- You have not been outside the U.S. for longer than the validity of the permit (2 years).

When you arrive at the U.S. port of entry, the immigration officer will likely review your reentry permit and ask some questions about your time abroad. As long as you can explain it was for medical reasons and that you intend to resume your permanent residency, you should be admitted.

The key is being able to convince the officer that you did not “abandon” your U.S. residency while abroad. Having your valid reentry permit and evidence of ties to the U.S. (e.g. bank accounts, property, family) will help demonstrate this. But they have discretion to still refuse admission if not satisfied - so be prepared to make your case. Overall though, with the details provided, you seem to have followed proper procedures.

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