Question about I-131 when Perm. Res. wants to reside outside the USA

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zonryza

Registered Users (C)
t's because that person is expected to RESIDE in the USA. And, we all know that a Green Card holder can take vacations outside the USA for no longer than 6 months out of 1 year. And, we all know that if a Green Card holder expects to be out of the USA for longer than 6 months, he/she needs to apply for Advance Parole beforehand so that he/she has no problems when trying to re-enter.

Ok, are we on the same page?

Cool. Continuing: So, I have this scenario. A friend of mine has a Green Card but is voluntarily doing mission in Nicaragua w/ his US Citizen wife, and yes, he applied for the I-131. But he just comes back to "report" to the USA like once a year for 2 weeks, and then go back to Nicarauga. HOW LONG WILL HE BE ABLE TO GET AWAY WITH THIS? IS the I-131 just a way to prolong your non-residence outside the USA? When is enough ENOUGH?

I thought the I-131 Advance Parole was to be used carefully, not something you keep applying for so you can have the advantage of having a Green Card while also living outside the USA.

So, what's the future of my friend if he keeps on "paying" for an extension to practically LIVE abroad?

KNOWLEDGEABLE ANSWERS PLEEEZ!!!!!!!!!!!!
 
zonryza said:
Cool. Continuing: So, I have this scenario. A friend of mine has a Green Card but is voluntarily doing mission in Nicaragua w/ his US Citizen wife, and yes, he applied for the I-131. But he just comes back to "report" to the USA like once a year for 2 weeks, and then go back to Nicarauga. HOW LONG WILL HE BE ABLE TO GET AWAY WITH THIS? IS the I-131 just a way to prolong your non-residence outside the USA? When is enough ENOUGH?
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Eventually an officer at the port of entry will notice this travel pattern and warn him not to leave the US in the near future, or tell him to apply for a reentry permit before leaving again. Or they could even take away his green card and tell him to see an immigration judge to plead his case to get it back. This might happen after 2 years, 3 years, or even 5 years depending on his luck with the officers at the port of entry. So we can't predict when he will have to face the music.
I thought the I-131 Advance Parole was to be used carefully,...
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In the case of somebody who already has a green card and wants to stay outside the US extensively, the I-131 form would be used to obtain a Reentry Permit, not Advance Parole.
 
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THank you for your reply. I apologize that my message was "chopped off" at the very beginning (I just noticed that). At some point it got messed up, because I copied and pasted it from another forum where I asked the same question. Yes, I agree with you. Once the CBP sees a pattern of purchasing several Re-entry Permits (not Advanced Parole's as you corrected me), he might get suspicious. Especially this guy who seems to re-enter after every 2 years...he's not working in Nicarauga. He's doing volunteer work. So, it's not like the USA is benefitting at all from this person's out-of-country activities. I agree, at some point he will have to face the music and they'll have to see what his real intentions are.
 
I read your message too fast and didn't notice he actually applied for a reentry permit. I was thinking of the scenarios where the individual stops in the US for once a year and leaves again, without a reentry permit.

Generally the entries with a reentry permit are quite hassle-free (regarding being hassled for staying outside the US for a long time). But what will could mess him up is when USCIS starts to reduce the validity of his subsequent reentry permits, and eventually stop granting him another one. After one has spent 4 of the past 5 years outside the US, there is a rule that will limit the next permit to one year. And even before that, they have discretion to limit the second permit to one year.
 
I understand. Thank you for your clear answers. Basically, what I'm gathering is that this guy could probably get away with it for some time, but there could be repercussions later. Thanks again.
 
zonryza said:
I understand. Thank you for your clear answers. Basically, what I'm gathering is that this guy could probably get away with it for some time, but there could be repercussions later. Thanks again.
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Since he has a US citizen wife, I wouldn't worry too much about keeping the GC since it can be easily obtained again at a later date.
 
What sort of "mission"? Is it sponsored by a US based religious organization? If so, he should speak to the sponsor to see if it is similar to an employee of a US company being posted abroad.
 
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