Missed biometric appointment for reentry permit

Asked over 1 year ago - San Francisco, CA

I am a greencard holder and applied for reentry permit because I need to go overseas for medical reason. I left before the biometric appointment because my condition could not wait. By missing the biometric appointment I know my reentry permit application was probably denied. My question is: would i be able to come back to US again using my greencard, if I've been out of the country for less than a year? and, does a denied/abandoned reentry permit application post a red flag in my record?

Attorney answers (3)

  1. Richard Manuel Loew

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Generally speaking, if you are out of the US for less than a year, you will not be considered to have abandoned your residency. But this is a general rule and the facts of your particular case may make for a different conclusion. Do you continue to maintain a household and pay taxes here in the US? Are you spending more time outside of the US than in? What is the temporariness of your visit? In other words, your concerns would be best answered by consulting with an experienced immigration attorney.

    The information provided is given for general purposes only. It is not meant to provide any specific guidance or... more
  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you have been outside the US for less than a year and do not have frequent long trips abroad, then you should be allowed back in to the US.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Michael Hugh Carlin

    Contributor Level 18

    2

    Lawyers agree

    Answered . I think that the denied re-entry permit, by itself, won't be a significant reg flag for you. Regarding your re-entry to the USA after a trip lasting less than 1 year, the answer depends partly on your overall history of travel. Have you had other long trips outside the USA? US immigration officials at airports and other ports of entry take a look at the length of an individual trip, but they also look at overall histories of travel. Just as an example, a person who takes trips lasting 3 months each, but who has spent 40 of the past 48 months outside the USA, could be charged with having abandoned permanent resident status.

    I would strongly suggest that you obtain medical records regarding your condition and have copies of them ready to present to US immigration officials upon your return to the USA, and be ready to explain the reason that you were outside the USA. That might help you to avoid a charge of abandonment.

    I also suggest that you consult with an immigration attorney about your case.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more

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