Re-Entry Permit - Clarifications

[ravidhya]

1. What is the procedure / forms to apply for re-entry permit?
2. What are the chances of RE-entry permit being denied?
3. If one is not interested in Citizenship, can he keep applying for re-entry permits say every other year ?
4. Other than maintaining a bank account and address, what else do we need to take care of?

[nkm-oct23]

1. What is the procedure / forms to apply for re-entry permit?
Use form I-131 and send it to Nebraska Service Center in Lincoln, NE with fees and supporting documents.

2. What are the chances of RE-entry permit being denied?
Usually the first re-entry permit is approved without any problem. Subsequent ones can be denied if you spend more time outside US than in US.

3. If one is not interested in Citizenship, can he keep applying for re-entry permits say every other year ?
Citizenship has nothing to do with re-entry permit, ReP only allows you to keep your green card beyond the usual 1 year of absence but not exceeding 2 years. Any such absences have to be temporary in nature and you should be able to prove that you have not abandoned your residence in the US.

4. Other than maintaining a bank account and address, what else do we need to take care of?
Pay/file tax returns in the US.

[rg585]

Hey NKM and others,
I just applied for my REP today.
Regarding filing taxes, do you have to actually pay taxes here or just file tax returns on your Global Income here in the US. I will be paid in India for which I will be paying taxes in India. In this case, do I need to just file returns here in the US and do I need to file as Resident Alien or Non-Resident Alien ?

[rg585]

Originally Posted by ****

You have to pay taxes here as well. Depending on tax treaties, you may be able to deduct taxes you paid abroad.
A PR always has to file resident tax returns. This is called the "Greencard test." See IRS Publication 519, Tax Guide for Aliens, available on the IRS website.

Thanks Joe,
Do you know of any website that can provide some good information on these Tax treaties? I sure do not want to be paying dual-taxes. What about Social Security Contributions and other contributions that we normally have to pay in the US every pay-check? How is that supposed to be handled when one is outside the US ?

[rg585]

Actually I found it on the IRS website:

http://www.irs.gov/publications/p54/index.html

[Avalon]

There are two things, good and bad.

Bad -

1.You need to file a tax return in US even though you did not earn a penny in US.
2. You also need to show your global income wherever on earth you made on your US Tax return.

Good-
1.The first $70,000/- of income earned outside US is totally tax exempt. The figure 70K is few years old but it increases every year.
2. If you have already paid tax in the coutry where you earned then such tax would be considered before levying US tax.


Bottom line - in majority of cases you will not owe any taxes to US gov. but you will need to report your income.

[rg585]

The Foreign Earned Income Exclusion is now USD 80,000.00. Well, I will have to start doing this pretty soon. I have been filing my taxes online using TurboTax.com, just hope they have the facility to do all this stuff. Another problem I have is that the Tax Year in India is from April to March, not sure if this has changed and how does this affect filing tax returns in the US.

[Avalon]

Tax year in India or any other country has nothing to do with tax year in US. You just report in a given year your income to US. Regarding the tax paid in India, it will be prorated for US Tax purposes. For example,
You leave now and start earning in India. You will report your world wide income from Jan 01, 2004 till Dec 31, 2004 in US tax return. Then the tax paid in India from now till Dec 31, 2004 will be treated as basis for exlcusions ( do not remember the first 80k).

Bottom Line - Do not worry down to a penny. It is not worth calculating. Most probably you will not end up paying any taxes in US. Consult a CPA for first year and you will get peace of mind. In subsequent year, you could use Turbo Tax and file the same yourself. One thing is sure, now your tax return willl be simplest of any tax return filed so far with very few entires.

[SreeRaj]

What if a PR choose to live over the savings, never works/earns, never gets W2?
How can the PR file taxes? Which law covers this?

SreeRaj

[sairam1]

To add to what **** said, here is something that i heard directly from an IIO in NSC early in 2003 ... A 485 adjudicator among other things looks for the petitioner ability to earn an income .. and pay taxes ...

[Avalon]

SreeRaj

To answer your question precisely, it is, "you need to file a tax return even if you do not earn a penny. Your tax return will show an income of zero."

If you have savings and earning interest on it then you need to report that. Basically if there is income from ANY source then that needs to be reported.

[twit]

Hi, everybody,
I'm a new one here

I have a question - does it matter WHERE ( in which state) you are applying for re-entry? In NY state people are already waiting for the permit more than a year. I'll need one for my son, because his original passport expaires in few months and there is no way to get a new one. Please help with advise( I live in NYC, my sister lives in WA, I can apply in any of them).

[twit]

http://uscis.gov/graphics/formsfee/forms/i-131.htm

The above tells a lot about filing, money, forms, etc., but there is nothing about the time. And it's noted, that EVERY petition goes to Nebraska consular center. Does anybody know how long does it take to get the approval for re-entry? And does it differ depending on the state you live?

[rg585]

According to the few posts I have seen regarding REP, it takes around a year to get approved. I just applied for mine about a week back, my check hasnt cleared as yet, neither I have received any Receipt notice. It does not matter which state you reside in, all these applications are processed at the Nebraska center.

[rg585]

Spoke too soon. I got the receipt notice today.
Takes between 420 to 450 days to process according to the notice.

[GC mama]

You dont need a reentry permit for Passport renewal.
You can renew ur passport at ur countrys consulate or you can travel to ur country of origin and get a new one. I assume your son has green card.

Originally Posted by twit

Hi, everybody,
I'm a new one here

I have a question - does it matter WHERE ( in which state) you are applying for re-entry? In NY state people are already waiting for the permit more than a year. I'll need one for my son, because his original passport expaires in few months and there is no way to get a new one. Please help with advise( I live in NYC, my sister lives in WA, I can apply in any of them).

[GC mama]

what is Class of Adminssion in form I-131 reentry permint?

[rg585]

Depends on your current status, it could be H1, L1, AP and so on.
It is the status that you used to enter the US the last time.

[nkm-oct23]

Originally Posted by GC mama

what is Class of Adminssion in form I-131 reentry permint?

If you are applying for re-entry permit you already are a LPR. Use permament resident" or "LPR" under class of admission.

[twit]

GS MAMA,

My son has passport from our country of origin( and a green card) - and that is one which is close to expiration. Applying in consulate( of the origin country) for a renewal is problematic, that's why I'm considering a re-entry permit for him. He needs re-entry for travel, just instead the passport, not for staying abroad. In NYC the waiting time for re-entry is more than a year. My question is about difference of the waiting time in different states, if anybody knows something about that.

[eltoro]

Your son can be admitted to the US solely based on his green card. He does not need his passport to be admitted to the US. He will probably need his passport to exit your country of origin, though.

Does it take more than one year to obtain a passport in your country? Maybe there is some other way? My country issues passports in about 6 to 7 months (if applied through the embassy in Washington DC), but they will issue a temporary one within two to three weeks, and you can still keep your old passport (invalidated however). If I were to fly to my home country to apply there I would get the passport in 10 business days.

[twit]

For being admitted to this country you definitely need a passport AND a green card. It takes less than a year to get a passport in my home country, but it takes time and we are not planning to stay there for that time. As a matter of fact, my son goes to school in the US, and his passport expires next April. The consulate and embassy is so corrupted, that it takes also a long time and money( which I do not want to pay - one of the reasons I left my country is a huge corruption out there) and all the pleasures which you, probably, have never experienced. Imagine, you need to do anything with Russian bureaucracy( I'm not from Russia, it's a good example, though).

[Avalon]

twit,

Your son does NOT need passport to enter US. He can enter based on his GC. But to leave your home country, you would need one.

I can understand the pain of renewing the passport. But in your case, this may be the last time you would be doing. Once renewed, you may end up getting citizenship for your son. (after what you told about your expereicne with your home country).

[eltoro]

Originally Posted by twit

For being admitted to this country you definitely need a passport AND a green card.

I beg to disagree here. According to CFR8 Sec. 211.2(a)(2):
(a) A passport valid for the bearer's entry into a foreign country at least 60 days beyond the expiration date of his or her immigrant visa shall be presented by each immigrant except an immigrant who:
(2) Is entering under the provisions of Sec. 211.1(a)(2) through (a)(7);

And CFR8 Sec. 211.1(a)(2) says:
(a) General. Except as provided in paragraph (b)(1) of this section, each arriving alien applying for admission (or boarding the vessel or aircraft on which he or she arrives) into the United States for lawful permanent residence, or as a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States, shall present one of the following:
(2) A valid, unexpired Form I-551, Permanent Resident Card, if seeking readmission after a temporary absence of less than 1 year(...)

Moreover, CFR8 Sec. 211.2(a)(1) refers specifically to your situation:
(a) A passport valid for the bearer's entry into a foreign country at least 60 days beyond the expiration date of his or her immigrant visa shall be presented by each immigrant except an immigrant who:
(1) Is the parent, spouse, or unmarried son or daughter of a United States citizen or of an alien lawful permanent resident of the United States;

Originally Posted by twit

Imagine, you need to do anything with Russian bureaucracy( I'm not from Russia, it's a good example, though).

I can relate to that I am not from Russia, either, but my country borders Russia, so I have pretty good knowledge of that kind of bureaucracy and corruption...

[twit]

Thanks, everybody, for concern. I didn't know about entering the country with only GC. But the real problem is actually leaving home country - that's true. I'll get the citizenship the second it's available , but, unfortunately, we both have to wait another 3 years( at least I do, my son is only 10). And I do want to visit my parents and spend some time back in place where I was born.
So does anybody know about the timetable of getting re-entry in different states?
Eltoro, I have a strong suspicion, we could be compatriots ))

[Avalon]

twit,

ReP is required only if you are going to be away for more than a year but less than 2 years. If you are not going to be away for more than a year then why do you need it?

[Avalon]

****

Does it mean that eveyone leaving US should file ReP and go just in case the plans abroad may change?

[twit]

Avalon,

as I explained in my previous posts I need ReP INSTEAD of the original home passport - I'm not planning to stay anywhere more than a month, but, even if you can enter the US only with GC, you definetely need a passport for all other countries - my home one included.
So, PLEASE, does anybody know the waiting time for ReP in different states?

[twit]

Thanks everybody,
looks like it's better not to go anywhere
Or to pay a bribe in the consulate, to get the passport. O-O-Ops!

[Avalon]

Thanks ****. That clarifies the point why twit was looking for ReP in lieu of passport. It could be possible in twit's country. I am not sure if India would allow me to board a plane without passport just by showing ReP and my GC.