Question about a Reentry Permit
My father currently holds a green card.
He used to travel to and from the U.S. every 6 months to maintain his green card, but he hasn’t come back even once since COVID.
His last entry to the U.S. was on 11/02/2019.
I’m about to get married, so I’d like to confirm there won’t be any problem with my father re-entering the U.S.
1. Can he re-enter the U.S. without a re-entry visa? (I’ve heard there’s a chance of being deported at the airport.)
If a re-entry visa is needed:
2. Among the required documents, there are no tax filings or any documents related to living in the U.S. — is there still a chance the visa would be issued if he applies?
3. If the re-entry visa is denied at the interview, what happens to his green card? (There’s still time left on the green card.)
4. Even if the re-entry visa is denied, can he still visit the U.S.?
5. If the re-entry visa is denied, should he consider giving up his green card?
I’d really appreciate answers to these five questions.
Thank you.
1. Can he re-enter the U.S. without a re-entry visa? (I’ve heard there’s a chance of being deported at the airport.)
Answer: They will immediately investigate whether he’s abandoned his intent to reside permanently. He should thoroughly prepare in advance before attempting entry.
If a re-entry visa is needed:
2. Among the required documents, there are no tax filings or any documents related to living in the U.S. — is there still a chance the visa would be issued if he applies?
Answer: A Reentry Permit must be applied for from within the U.S., so the important issue right now is successfully entering the U.S.
3. If the re-entry visa is denied at the interview, what happens to his green card? (There’s still time left on the green card.)
Answer: The green card is automatically revoked, and the card is surrendered at the airport.
4. Even if the re-entry visa is denied, can he still visit the U.S.?
Answer: Yes — he can surrender (give up) the green card in Korea and obtain a travel visa to visit.
5. If the re-entry visa is denied, should he consider giving up his green card?
Answer: Practically speaking, it appears the green card has effectively already been abandoned. So preparing carefully for entry is what matters most right now.