Q: As a green card holder, if my re-entry permit application is rejected, what options do I have to address the issue?
I am a green card holder and applied for a re-entry permit on October 31, 2023, citing the reasons of "caring for my 75-year-old mother and settling an inheritance property." I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. Since then, I have checked the status online, and it always shows "Case Was Updated To Show Fingerprints Were Taken." Recently, I submitted a case inquiry, and they responded, "Due to the high volume of work we are currently receiving, it may take longer to provide you with a final adjudicative decision." They also provided a link for the expected processing time, which showed that "80% of cases are completed within 16 months."
I would like your opinion on what options I have if they reject my application.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Here are some thoughts on your options if your re-entry permit application is rejected:
1. Appeal the Decision: If USCIS denies your re-entry permit application, you may file an appeal using Form I-290B (Notice of Appeal or Motion) within 30 days of the denial. In the appeal, provide additional evidence or argue that USCIS made an incorrect decision based on the evidence submitted.
2. File a New Application: You can file a new re-entry permit application if your circumstances have changed or if you believe you can provide a stronger case with additional evidence. However, you must be physically present in the United States when filing the new application.
3. Apply for an SB-1 Visa: If your re-entry permit is denied and you have been outside the U.S. for more than one year, you may be eligible for an SB-1 visa (Returning Resident Visa). To qualify, you must demonstrate that you had the intention of returning to the U.S. and that your extended absence was for reasons beyond your control.
4. Request for Expedited Processing: If you have an urgent need to travel, you can request expedited processing of your re-entry permit application. However, USCIS will only grant expedited processing in limited circumstances, such as severe financial loss or humanitarian reasons.
5. Consular Assistance: Contact the nearest U.S. embassy or consulate for guidance on your specific situation. They may provide additional information or assistance based on your circumstances.
It's essential to maintain ties to the United States and demonstrate your intention to return to preserve your permanent resident status. If your re-entry permit is denied and you remain outside the U.S. for an extended period, you risk losing your green card.
Remember, this information is for general guidance only. It's always best to consult with an experienced immigration attorney for personalized advice based on your specific circumstances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
