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.
A:
Based on the situation you've described, here are some options you might consider:
1. Wait for a decision:
Given the USCIS response about high volume and long processing times, waiting for a decision is a valid option. However, this may be challenging if you need to stay abroad for an extended period.
2. Submit a service request:
If your application has been pending longer than the posted processing times, you can submit a service request to inquire about the status of your case.
3. Contact USCIS:
You can try contacting USCIS directly for more information about your case status or any potential issues with your application.
4. Consult an immigration attorney:
An experienced immigration lawyer can review your case, advise you on the best course of action, and potentially help expedite the process.
5. Consider returning to the US:
If possible, you might consider returning to the US before your absence becomes prolonged, which could potentially affect your green card status.
6. Emergency travel document:
If you need to return to the US urgently and your re-entry permit hasn't been approved, you might be able to apply for a returning resident visa (SB-1) at a US embassy or consulate.
7. Reapply:
If your current application is rejected, you may be able to reapply, addressing any issues that led to the rejection.
It's important to note that staying outside the US for extended periods without a re-entry permit can potentially jeopardize your green card status. If you're approaching or have exceeded 6 months outside the US, it's crucial to seek legal advice.
Given the complexity of immigration law and the potential consequences, I strongly recommend consulting with an immigration attorney who can provide personalized advice based on your specific circumstances.
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