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I am hoping to talk to a lawyer. My re-entry permit

I am hoping to...

I am hoping to talk to a lawyer. My re-entry permit application (I am a green card holder) just got denied. (Actually, it's my Mom's)

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Well this was a federal application But I live in California. But state laws should not have impact on this

Lawyer's Assistant: Has anything been filed or reported?

My re-entry permit application (which was filed 4.5 months ago) got denied today

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that's it, thank you

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Answered in 2 hours by:
3/3/2018
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,958
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

It is extremely rare for a U.S. Lawful Permanent Resident to be denied a Re-Entry Permit. What was the reason for denial?

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Customer reply replied 1 month ago
well, that's the problem. I don't know the reason for denial yet as the formal letter has not arrived yet. Can you tell me what "typical" reasons for denial are? We did the reentry permit application through a lawyer so I assume there should not have been "basic technical" errors (e.g., forgot to sign, etc.). The application was filed while she was physically present in the US. With those factors in mind, what could some other reasons have been? E.g., does the green card holder's previous track record of the amount of time spent in the US be taken into consideration. Specifically, could they have denied the reentry permit because she has only spent 40% of her time in the recent 5 years in the US? Is it typical for denials to be based on such substantive judgment calls by USCIS officers? Thank you!

Typical reasons for denial are that something was marked incorrectly on the form. Also, if she was not in the U.S. to get her fingerprints taken, that's another reason for denial. It would not have been denied just because she wasn't spending enough time in the U.S. We might want to wait a few days to get the denial letter.

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Customer reply replied 1 month ago
I received the denial letter today. It claims that my Mom missed her biometrics appointment, which is not true. We have a stamped biometrics appointment form, proving that she got fingerprinted 4 months ago. Does the Motion to Reopen work? How long does it take to get processed?

Yes, it should work. I would say 3 to 5 months is what it can take to process. So file is quickly!

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 1 month ago
Do you think it would help to go to an Infopass appointment with USCIS, at least so that they can check if the fingerprints are in my Mom's file? Or would they not talk to me since I am her daughter vs legal rep? I am worried about waiting 3-5 months for a Motion to Reopen answer since I don't know whether the technician that took her fingerprints just plain did not save them or if he saved them and just forgot to take some other step to send them through.

They most likely would not talk to you because you are not a legal representative. I mean you can try, but there is no guarantee.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,958
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,958
111,958 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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