Asked in Immigration Law for Texas

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?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the situation you've described, here are some options you might consider:

1. Continue waiting: Since USCIS has indicated that 80% of cases are completed within 16 months, and your application was submitted relatively recently (less than 8 months ago), you may simply need to be patient. The processing times can vary significantly.

2. Submit a service request: If your case is outside the normal processing times, you can submit a service request to USCIS. However, it seems you've already done this.

3. Contact USCIS: You can try contacting USCIS directly for more information about your case status. This can be done through their contact center or by scheduling an InfoPass appointment if available.

4. Consult with an immigration attorney: An experienced immigration lawyer can review your specific situation and may be able to suggest additional options or strategies.

5. Consider returning to the U.S.: If your absence is approaching or exceeding 6 months, you might want to consider returning to the U.S. to maintain your continuous residence for naturalization purposes and to avoid any potential issues with your green card status.

6. Emergency travel document: If you absolutely need to return to the U.S. before your re-entry permit is approved, you might be able to apply for a transportation letter (also known as a "boarding foil") at a U.S. embassy or consulate. This is typically used in emergency situations.

7. Prepare documentation: In case your application is ultimately denied, start gathering documentation that shows your ties to the U.S. and the temporary nature of your stay abroad. This could include evidence of your mother's medical condition, property documents, etc.

8. Appeal or reapply: If your application is denied, you may have the option to file an appeal or motion to reopen/reconsider, or you might need to reapply.

Remember, as a green card holder, prolonged absence from the U.S. can potentially jeopardize your status. It's important to keep track of the time you spend outside the country and to maintain ties to the U.S.

Given the complexity of immigration law and the potential consequences, it would be advisable to consult with an immigration attorney for personalized advice based on your specific circumstances.

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