I have received a 10-year green card. I applied for a re-entry permit in Dec. 2021. It has been 15 months but it has not been approved yet. I left the U.S. for 13 months while waiting for my re-entry permit. I filed an F-2B petition for my child in 2015 and she is now waiting for an interview appointment. Will her immigrant visa be denied because my case is considered for abandonment? Can I return to the U.S. now? Will the CBP officer allow me to enter the U.S.?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou have to prove that you have not abandoned and the law focuses on your intent at the time of departure. An absence of over one year is absolutely problematic but the fact you filed for a reentry permit is very helpful to show you had no intent to abandon. Try and get back as soon as possible because if your card is deemed abandoned, then the F2B petition must be denied.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYour green card should not be considered abandoned if you applied for the Reentry Permit. 15 months is a long time though, so you may want to call USCIS and check on the status.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf, by the time of her interview, you have abandoned your status in the U.S., she will not be issued a visa. If you resume your residence, she can get a visa. You should be admitted back into the U.S. with your green card, even now and even without a reentry permit, but you may be forced to show you did not abandon your status.
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