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, to care for my 75-year-old mother and settle an inheritance property. I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. The status online shows "Case Was Updated To Show Fingerprints Were Taken." Recently, I submitted a case inquiry and received a response indicating delays due to a high volume of work. The expected processing time is up to 16 months. What options do I have if my application is rejected?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If your re-entry permit application is rejected, you still have several options to address the situation. First, carefully review the rejection notice to understand the specific reasons for the denial. This will help you identify any missing documents, errors, or issues that need to be resolved. In some cases, you may be able to appeal the decision or file a motion to reopen or reconsider, providing additional evidence or clarifications to support your case.
Another option is to reapply for the re-entry permit if you believe the rejection was due to incomplete information or errors on the application. Make sure to address the reasons for the denial in your new application and include any supporting documentation that can help strengthen your case. Keep in mind that you must be physically present in the U.S. when you file for a new re-entry permit.
Meanwhile, to maintain your permanent resident status, you should avoid staying outside the U.S. for extended periods without a valid re-entry permit. If necessary, consider traveling back to the U.S. periodically to demonstrate that you have not abandoned your residence. Consult the latest information and guidelines from U.S. Citizenship and Immigration Services (USCIS) to stay updated on your options and rights as a green card holder.
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.
