QUESTION
What are the stipulations of a re-entry permit?
Asked on Jun 06th, 2011 on Immigration - California
More details to this question:
My son who will turn 21 shortly received an immigrant visa under the category IR2. He needs to continue his studies for another 2 years in the home country before he will be able to live continuously in the USA. Can he apply for a re-entry permit immediately after reaching the USA? Will the immediate timing of the application have any bearing on USICS'S decision to grant him a re entry permit or not? Is continuing his studies a good enough reason for the USICS to grant him a reentry permit? What type of reasons are appropriate and which ones might result in refusal of grant of the permit? If he does not get a re entry permit and enters the USA after every 5 months or so for the next 2 years (a total of 3 trips) is he likely to face any problems entering or is entering the USA every 11 months or so (less than 12) for the first 2 years i.e two visits after 11 months each also going to be enough for him to be able to enter without any problems?
1 ANSWER
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DHS often understands and respects education as a legitimate reason for being out of the US more than a few months at a time. It is discretionary at each entry. You should apply for the reenter permit whenever he is in the US. He also needs to be present for the fingerprint appointment, which is normally several weeks after filing. He should establish his firm intent to retain his residency in the US when filing the application. I recommend that he is never out for 180 days or more, even with the permit. DHS is getting more aggressive and also this has implications if he ever wants to naturalize.
Answered on Jun 08th, 2011 at 11:28 AM