QUESTION

Re-entry Permit Reapplication and Reentry to the U.S. – Guidance Requested

Asked on Jul 29th, 2025 on Immigration - California
More details to this question:
My re-entry permit application that was denied because I was not physically present in the United States at the time of filing in May 2025. I previously returned to the U.S. in June 2024 for biometrics, and it has now been over one year and two months since I last departed. I would appreciate your advice on the following: 1. Do I need to take any action before returning to the U.S. to prepare for reentry? 2. If not, is there a risk of being denied entry or facing issues with CBP upon arrival? 3. Once in the U.S., am I required to be physically present at the time of filing a new re-entry permit application? 4. After submitting the application and completing biometrics, how long must I remain in the U.S. before departing again?
Report Abuse

1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
It might be a good idea to carry proof that you still maintain ties and bonds in the US such as personal and real property, memberships in organizations here, US identification, credit cards, and even perhaps tax returns. You should also be prepared to explain why you stayed out of the US for so long and why you consider the US still your country of domicile. CBP at the airports has become much more restrictive on entry under the Trump administration and there may be a risk of being denied entry or facing issues upon arrival. There are also risks of being referred to an immigration court which can be a long drawn out process and even detention under this administration. Assuming that you are admitted, you are required to be physically present to file for a new reentry permit application. In such circumstance, it is best to spend as much time as possible in the US before leaving again – perhaps at least a few months. A reentry permit is not a guarantee of reentry, so it would be best to come back every six months when you are away. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 15th, 2025 at 11:36 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters