RE Permit-acual document question

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vandeluca

Registered Users (C)
My spouse applied for RE permit in the fall 2010, after us being out of the US due to his ill parent for about 3 months....His application for permit for reasons of an ill parent. Within a few weeks of applying our own child was not doing well either medically, so we stayed in the US since then (still here now and probably till the end of summer). My spouse was gone for about a month dealing with the illness/funeral in February.

Well, the RE permit came today, dated March 2011-March 2013.

Question~The original purpose for premit was for the parent-now he has passed. Everything is sort of a mess (adminisration wise, dealing with aftermath of death, going through papers, wills etc etc...etc)...which still has to be dealt with. Due to our child, we may not go back till the end of the summer...May at that point stay for 9 months or so....to iron everything out...(I should add he is eligible for citizen if he wants it to apply in May 2012)...

Questions:

1. Does this RE permit document actually get shown INSTEAD of the passport at POE or do you show both??? Do you always have to show this once you start using it (if yes)??

2. Obviously my FIL died...but Honestly it is going to take forever deal with all of that...Is 'dealing with your father's affairs etc upon death' reasonalbe for them to cover under this RE when they do ask??

Just wondering..it has been a crazy few years...want smooth sailing in the next year..
 
Re-entry permit gives you permission to live abroad while a PR. If you return sooner, it is not an issue, you just don't use it. Whether you use the RP or not, it will be wise to carry it since you never know what their computers will flag and what they want to see. I do not think it is a big issue, but keeping all docs with you does not hurt.

Whether dealing with father's affairs is a genuine reason? I think so ... there are so many people who get GC through lottery; come to US and then go back to take care of their affairs for a couple of years. This does not sound too different. I think the question is not whether you are allowed to do it (I think you are), but how it impacts your residency calculations when you go for citizenship in a few years time.

Going for citizenship requires substantial residence in the US and substantial ties to the US if you are absent for some time, and that's what you will need to look into. Since you are anyway not traveling for a few / 9 months, I suggest you take care of the citizenship when it is due in 2012 and plan other work after that. If your file does not raise any issues, you might be done in a few (3-6) months but will have lot more flexibility in terms of travel. You might be able to do "limited travel" during the citizenship process too if needed.
 
vandeluca said:
1. Does this RE permit document actually get shown INSTEAD of the passport at POE or do you show both??? Do you always have to show this once you start using it (if yes)??
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You don't have to show it unless you've been outside the US for a year, or they specifically ask for it, or you are being hassled about a long trip. But after a long trip of less than a year, most people just show it up front anyway just to reduce the chance of being hassled.

When it is shown, it can be shown without the green card or passport, as it is a self sufficient entry document for admission to the US. However, the officer may still ask for the passport and/or green card, and if you don't have it they'll probably ask why. Ultimately they're still supposed to let you enter even if you don't produce the passport or green card, but if you don't provide a good reason you can expect some hassles (a good reason would be that it was lost or stolen, or you're an asylee/refugee and can't obtain a passport).

2. Obviously my FIL died...but Honestly it is going to take forever deal with all of that...Is 'dealing with your father's affairs etc upon death' reasonalbe for them to cover under this RE when they do ask??
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With a reentry permit in hand, at the port of entry he'll have no problem if he gives that reason when questioned. But for citizenship purposes, if he stays outside the US for between 6 months and a year, he should preserve enough evidence to defend himself from being denied for breaking continuous residence. That evidence would be documents like lease/mortgage statements for the house in the US, US utility bills and US bank statements for the months when he was gone. And perhaps a copy of the death certificate.
 
Thanks for the answers..Well by that time he will have had for sure enough physical presence and I believe enough ties for the continuous part...if he applies it would be right away (T-90 which is May 31)...If he decides to go that route...

One topic you revisited for me and had been out of my mind which I don't know much about..You mentioned limited travel during the citizenship process...Are you saying once you apply you have to be in the country till it comes through?? How does that work?

I should also add during that 9 month or so period, we will be back probably 4-5 times for 2 weeks trips. I am just guessing...so it is not continuous 9 months...But I would like to be 'back' by next summer.....and then apply if he wants...
 
If you search this forum, there are better definitions of "continuous residence". Here's my non-searched version.
As a permanent resident, you are expected to maintain residence in US. If not residence, then residential ties.
You are suspected of breaking the ties if you take a trip longer than 6 months and might be asked to prove them via documentation.
However, while there is nothing in law which talks about trips shorter than 6 months, a few back to back trips essentially achieve the same purpose as a 6 month trip. It depends on the IO, but he/she might take a perspective that you did abandon your residence and ask you to prove otherwise.
Whether 2 weeks trips are good enough or not ... do not know. They sound reasonable considering that you are planning to make 4-5 trips in 9 months so each trip is 6 weeks and then 2 weeks in USA ... I do not think it is so bad.
What if the IO suspects you have broken CR ... A) Did you maintain or give up your rental / house mortgage? B) Did you maintain or give up your health insurance, car insurance? C) Did you maintain or give up your cars? There might be many other similar parameters which can help the IO decide.

You need to take a call based on your situation and see how many parameters fit you, and how many don't. If most parameters indicate you broke residential ties, you either need to hope for a forgiving IO, or your luck.
 
sanjoseaug20 said:
You are suspected of breaking the ties if you take a trip longer than 6 months and might be asked to prove them via documentation.
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It's stricter than that; you are presumed to have broken continuous residence if you take a trip of 6 months or more within the statutory period (the past 5 years or 3 years as applicable, plus the time during the naturalization process), and you MUST provide evidence to counteract that presumption.
 
vandeluca said:
One topic you revisited for me and had been out of my mind which I don't know much about..You mentioned limited travel during the citizenship process...Are you saying once you apply you have to be in the country till it comes through??
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When people go on extensive travel abroad immediately before or during the citizenship process, it often is because they are permanently relocating to somewhere outside the US, and they are applying for citizenship because it is their last chance to do so before they leave the US for good. So long or frequent trips in that time frame tend to be viewed with extra suspicion.

That doesn't mean you need to be stuck inside the US during the process. You can go ahead and take a few trips here and there of a few weeks each. Just try to avoid spending 80-99% of the time outside the US during the citizenship process. And avoid applying for citizenship immediately after a long trip or long series of trips; try to stay in the US for a few months after the end of the trip(s) before applying, in order to overcome the impression that you're relocating abroad.
 
See this is where I was wondering for us...The 3 year anniversary would be in August 12, therefore that is why I said to apply in May 12...However, that May 12 will be coming off of extensive trips back and forth (presumed) from Sept-May..From May/June onwards we should be back...but I just did not want harrassment..

You konw what else..I even further thought this through...If you go through that process and then they say 'no not right now'.(for reasons discuess in this thread)......what happens if at that point you give up your GC? Is it is strike against you somehow?? Can you still get a b2/visitor visa after THAT????

...Because to be honest if we got rejected at that point, I can almost even see me say to my husband..'forget this'...as we have other options since he has citizenship elsewhere (2 other places)...But of course our first preference is here...for now..
 
vandeluca said:
See this is where I was wondering for us...The 3 year anniversary would be in August 12, therefore that is why I said to apply in May 12...
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3 year anniversary? I thought both of you were noncitizens. 5 years is the standard rule for citizenship eligibility, not 3 years which is reserved for people who are married to a US citizen.

You konw what else..I even further thought this through...If you go through that process and then they say 'no not right now'.(for reasons discuess in this thread)......what happens if at that point you give up your GC? Is it is strike against you somehow?? Can you still get a b2/visitor visa after THAT????
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Surrendering the GC voluntarily and officially using form I-407 at a US consulate is one of the surest ways to get a B1/B2 visa. The main reason for denying those visas is the suspicion that you'll use it to enter the US and stay. Somebody voluntarily surrenders the GC obviously doesn't want to stay, so they'll issue the tourist visa without difficulty. You can even apply for the visa at the same consular visit when you're surrendering the GC.
 
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Jack...no I am a US citizen-he is not. I am sure I confused you due to my use of we at times. Sorry. I guess bc I am asking the questions...for him...So yes 'he' would be eligible after the 3 years....

I just thought maybve they look at you 'different' if you go all the way to apply become a citizen, they say not yet, then you throw your hands up and say forget it.(Forfeit)...YET in future he would obviously visit, etc since I am a US cicitzen and I have family here and will always want to visit/spend time if I was not already living back here.....Thinking WAY ahead...and just hoping that should HE want to become a citizen.....it goes smooth next summer.....
 
From your statements it sounds like he'll be done with the extended travel by the end of this year. So applying for citizenship next summer shouldn't be a problem if he hasn't continued that travel pattern into next year.
 
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