LPR; Green Card; Expired I-551; Outside US 3 years Reentry

[yuehan123]

The traveler arrived in the US Aug 2012, admitted as a Lawful Permanent Resident (LPR) and then the LPR departed the US with a 10 year Green Card (GC) Oct 2012 without a re-entry permit.

 

Upon re-entry attempt Sept 2015 at POE the 1st Immigration Officer pulled the GC and sent the traveler for secondary Inspection. This process ultimately took over 3 hours. This was due mostly to a lot of people already in the room. A long and difficult Interview ended with the issuance of an I-193 'Application for Waiver of Passport AND/OR Visa' issued under Section 211(b), a Fee of $585 and the return of the Green Card. The Passport now has an I-193 stamp with 3 years notation.

 

This POE secondary Interview required 'proving' that the long time away outside the US was unavoidable, unplanned and outside the traveler's control. It also required the $585 fee. Cheaper than multiple re-entry permits and multiple round trip flights.

 

However, this re-entry method includes two big risks-

 

1. Immigration denies re-entry.

2. Immigration initiates removal proceedings.

 

And, it was easier than a full SB-1 application process. From the SB-1 page- "If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa. An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, this involves paying both visa processing fees and medical fees."

 

 

 

 

[Randy W]

The traveler arrived in the US Aug 2012, admitted as a Lawful Permanent Resident (LPR) and then the LPR departed the US with a 10 year Green Card (GC) Oct 2012 without a re-entry permit.

 

Upon re-entry attempt Sept 2015 at POE the 1st Immigration Officer pulled the GC and sent the traveler for secondary Inspection. This process ultimately took over 3 hours. This was due mostly to a lot of people already in the room. A long and difficult Interview ended with the issuance of an I-193 'Application for Waiver of Passport AND/OR Visa' issued under Section 211(b), a Fee of $585 and the return of the Green Card. The Passport now has an I-193 stamp with 3 years notation.

 

This POE secondary Interview required 'proving' that the long time away outside the US was unavoidable, unplanned and outside the traveler's control. It also required the $585 fee. Cheaper than multiple re-entry permits and multiple round trip flights.

 

However, this re-entry method includes two big risks-

 

1. Immigration denies re-entry.

2. Immigration initiates removal proceedings.

 

And, it was easier than a full SB-1 application process. From the SB-1 page- "If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa. An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, this involves paying both visa processing fees and medical fees."

 

 

 

 

 

 

Yes - it's unclear why you would do that, rather than simply apply for the SB-1.

 

The alternative for those who can't "prove that the long time away outside the US was unavoidable, unplanned and outside the traveler's control", of course, is to rescind the green card and start the immigration process over again.

[dnoblett]

Yes - it's unclear why you would do that, rather than simply apply for the SB-1.

 

The alternative for those who can't "prove that the long time away outside the US was unavoidable, unplanned and outside the traveler's control", of course, is to rescind the green card and start the immigration process over again.

The SB-1 would be more logical, why travel to the USA only to be denied entry and forced to take a return flight home, it would be easier to visit the US consulate and plead the case there for an SB-1, and if the case is not convincing, then apply for another spouse visa.