Applying for Advance Parole for my wife - I 131

[ameriki_monk]

I am US citizen and my wife got her GC last year, she got her conditional card last year and we have to wait for one more year before she will get the permanent GC. I am working on job offer outside US and would like to pursue that opportunity and have to leave US in next couple of months. we could come back to visit in next few months and continue to visit every six to nine months. I am going to apply for her reentry permit, got few questions
How much is the fee for I131; is it 360 + 85 = $415

"A biometric fee of $85 is required for a Reentry Permit and a Refugee Travel Document for applicants ages 14-79 inclusive, unless the applicant resides outside of the United States at the time of filing their form.
No biometric fee is required for advance parole applicants."


Part 3 of the form says -- Expected length of trip -- do i need to put in 6 months, or can I put 3 months? Does she qualify for reentry permit even if it's less than 6 months.. I Just dont want to get her in trouble when we apply for permanent card -- not sure if we could apply for one after living abroad for six to nine months??

Section 3 of the form says -- if u r applying for Advance parole document, skipto part 7 -- Is this a reentry permit or advance parole document?

 

[Jackolantern]

Is your overseas job for a US employer or recognized international organization of which US is a member (e.g. UN, IMF, NATO)? If yes, your wife might be eligible for expedited citizenship under Section 319(b). See http://www.ilw.com/articles/2006,0525-mehta.shtm

Part 3 of the form says -- Expected length of trip -- do i need to put in 6 months, or can I put 3 months? Does she qualify for reentry permit even if it's less than 6 months.. I Just dont want to get her in trouble when we apply for permanent card -- not sure if we could apply for one after living abroad for six to nine months??

The reentry permit is a multiple-use document, normally valid for 2 years. Write 2 years, as she probably will be taking long trips outside the US over the course of the next 2 years. Returning sooner than 2 years won't be a problem.

Is this a reentry permit or advance parole document?

It's a reentry permit. Advance Parole is not given to people who already have a green card.

 

[ameriki_monk]

Thanks for your reply Jack... I would like to know if we can still use 319(b), even if she has a conditional resident? I will be working for US company; but will be hired outside US from there international office? does this still apply to these conditions?

Thanks for your help

 

[Jackolantern]

Thanks for your reply Jack... I would like to know if we can still use 319(b), even if she has a conditional resident?

Yes.

But whether your employer meets the criteria for 319(b) is not a simple question. Many companies that appear to be US corporations really aren't. But you could try to find out if the company has successfully helped any other employees with 319(b) or N-470. N-470 is a different thing but it has very similar criteria for determinations of what is a US company and is probably more common than 319(b). Talk to your company's immigration lawyers and/or HR.

 

[ameriki_monk]

thanks for your response. I was checking 319(b) and it is very broad category; does companies like Pepsi, Coke meet this criteria? they are US entities working abroad? does it have to be a non profit US company?

 

[Jackolantern]

For profit-companies are included.

But as I said before, it's not a simple question, and you're not going to get a definitive answer here. There have been court cases fighting over the definition of which company qualifies for it. And some that appear to be US companies are really registered in Cayman or Dubai. You need to consult somebody at your company who is familiar with 319(b), or find out if the company has previously helped someone successfully with N-470 or 319(b), or arrange a consultation with an immigration lawyer to review the company's details.

Or just go ahead and apply for it and see what happens. If your wife applies for both the 319(b) and reentry permit, if the 319(b) fails she still has the reentry permit.