I have a ten year resident card, expires 2018. I know I need to file form I-131 so my status is not classed as abandoned but does anyone know what happens when the two years are up if we are not due to return for another year after that....is there any waiver if we are on military orders? Thank you for any insight.
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Help! Husband is active duty AF we have orders for 3yr tour to UK re entry permit is 2yrs...advice?
- Thread starter SuzanneR
- Start date
Jackolantern
Registered Users (C)
Assuming your husband is a US citizen, you can probably qualify for expedited citizenship under section 319(b).
http://www.ilw.com/articles/2006,0525-mehta.shtm
http://www.ilw.com/articles/2006,0525-mehta.shtm
I have a ten year resident card, expires 2018. I know I need to file form I-131 so my status is not classed as abandoned but does anyone know what happens when the two years are up if we are not due to return for another year after that....is there any waiver if we are on military orders? Thank you for any insight.
2 years is the maximum time for the permit with no exception to that. Some have military duty for three years, others study for 4 years and so on. One of the options is to apply for another oermit toward the end of that one which may not work in most cases giving the fact of serving in military
Jackolantern
Registered Users (C)
Obtaining expedited citizenship would make the reentry permit unnecessary.
U.S. Embassy in Tokyo hosts information on its website that spouses and children of U.S. military personnel may remain outside of the United States for the duration of an official overseas assignment plus four months without losing their immigrant status and may re-enter the U.S. on a valid or an expired green card, without a reentry permit. See
http://tokyo.usembassy.gov/e/visa/tvisa-active-military.html
http://tokyo.usembassy.gov/e/visa/tvisa-ivlprmaintain.html
They also provide a link to the State Department memo with details about what exactly is required in order to re-enter the U.S. with an expired green card in such a situation:
http://tokyo.usembassy.gov/pdfs/wwwf-visa-travelmemo-feb2006.pdf
The memo cites 8 CFR 211.1 (a)(6) as the legal source of this rule,
http://law.justia.com/us/cfr/title08/8-1.0.1.2.14.html#8:1.0.1.2.14.0.1.1
8 CFR 211.1 (a)(6) reads:
"A Form I–551, whether or not expired, presented by a civilian or military employee of the United States Government who was outside the United States pursuant to official orders, or by the spouse or child of such employee who resided abroad while the employee or serviceperson was on overseas duty and who is preceding, accompanying or following to join within 4 months the employee, returning to the United States"
Also, see this FAQ at the USCIS site, http://www.uscis.gov/files/article/I-131_QA.pdf, particularly the answer to the question
"Under what circumstances will a re-entry permit not be needed for an absence from the U.S. for
more than year?" there.
http://tokyo.usembassy.gov/e/visa/tvisa-active-military.html
http://tokyo.usembassy.gov/e/visa/tvisa-ivlprmaintain.html
They also provide a link to the State Department memo with details about what exactly is required in order to re-enter the U.S. with an expired green card in such a situation:
http://tokyo.usembassy.gov/pdfs/wwwf-visa-travelmemo-feb2006.pdf
The memo cites 8 CFR 211.1 (a)(6) as the legal source of this rule,
http://law.justia.com/us/cfr/title08/8-1.0.1.2.14.html#8:1.0.1.2.14.0.1.1
8 CFR 211.1 (a)(6) reads:
"A Form I–551, whether or not expired, presented by a civilian or military employee of the United States Government who was outside the United States pursuant to official orders, or by the spouse or child of such employee who resided abroad while the employee or serviceperson was on overseas duty and who is preceding, accompanying or following to join within 4 months the employee, returning to the United States"
Also, see this FAQ at the USCIS site, http://www.uscis.gov/files/article/I-131_QA.pdf, particularly the answer to the question
"Under what circumstances will a re-entry permit not be needed for an absence from the U.S. for
more than year?" there.
Last edited by a moderator:
Thanks you so much for the information. This is exactly what I was looking for. I have made numerous calls to USCIS and could not get this information from them. We have orders to the UK for Sept do I need to file any paperwork here or should I wait until I get to the UK?
Technically, if you want to use the provisions of CFR 211.1 (a)(6), you don't need to file any paperwork, either now or after you get to the UK.
However, it may still be a good idea for you to apply for a reentry permit anyway, even though it will be valid only for the first two years. Traveling with a valid reentry permit is easier and less of a hassle than with an expired green card, in case you need visit the U.S. before the two years.
If you do apply for a reentry permit, you should file the application (USCIS from I-131) before you leave for the U.K., since an I-131 may only be submitted while you are physically present in the U.S. On I-131 you may specify that, when the reentry permit is ready, you want to pick it up at a specific U.S. consular post abroad (e.g. the U.S. embassy in London).
I would also very much recommend that, once you get to the U.K., you explore the expedited naturalization procedure under INA section 319(b), mentioned in jackolantern's post.
Jackolantern
Registered Users (C)
I would also very much recommend that, once you get to the U.K., you explore the expedited naturalization procedure under INA section 319(b), mentioned in jackolantern's post.
No need to wait until moving to the UK. If anything it's better to get some of the process out of the way (e.g. fingerprinting) while still living in the US.
No need to wait until moving to the UK. If anything it's better to get some of the process out of the way (e.g. fingerprinting) while still living in the US.
Thats true, but I am not sure how this works logistically. Presumably, one would need to submit some sort of a document from the military regarding the spouse's deployment overseas and it is unclear who and when is supposed to issue such a document. It may be that USCIS would want such a document from the military authorities of the overseas post. Still, this is indeed worth looking into.
Incidentally, there is a recent law, passed in 2008, that created a new section, 319(e) of the INA. This section allows for an expedited naturalization procedure to occur entirely abroad, without having to make any visits to the U.S.:
http://www.uscis.gov/portal/site/us...nnel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
However, unlike 319(b), section 319(e) does not completely waive the continuous residency requirement.