Help Needed.. postpone interview and gc process

[Life_junk_wo_LC]

My parents have got interview letter dated Jul 2004 for gc interview in delhi on Aug 2004 (category F4-IND).

He postponed it and now rescheduling it in June. Reason being, he cannot come here for six months before 2008 jan since he is retiring at that time. We don't want to lose his gc either. Some one told him that you have to interview within one year of invitation. Is that right?

Can anything else be done to postpone this whole process for couple of years? Otherwise will he have to come to US with in six months of interview?

pankaj
Pls reply.... desperate help needed.

 

[amishah]

I would certainly not prefered to delay the process. Instead he can come here stay here for 1 to 1.5 months and apply for re-entry permit which is valid for 2 years and go back. That is what I did.

 

[Life_junk_wo_LC]

so does that mean that after his interview he can come within next 6 months and can then go back within 1 month? would that not affect his gc and isnt there a requirement for person with gc to stay 6 months in US every year to maintain status?
So would that reentry permit valid for 2 years and no problems while returning back to US?

 

[amishah]

so does that mean that after his interview he can come within next 6 months and can then go back within 1 month? would that not affect his gc and isnt there a requirement for person with gc to stay 6 months in US every year to maintain status?
So would that reentry permit valid for 2 years and no problems while returning back to US?

Yes he can go back after getting stamped on his passport at Port of Entry. If he is getting re-entry permit which is usally good for 2 years, then he don't have to come back to maintain his GC. If he is not applying for Re-entry, he has to visit USA every 10 months for atleast a month. I came here in 1998, got my passport stamped, lived here for 1.5 months, applied for re-entry and went back. Came back after 2 years. My parents also have GC since 1998 but they don't like here so they come here stay here for about 2 months apply for re-entry and go back and come back before re-entry expires. They are so lucky that they got re-entry permit for 3 times. Everybody doesn't get approve for 3 times. Let me know if you have more question.

 

[Life_junk_wo_LC]

Thanks a lot. You solved a big headache of me and my parents!
Few more questions:

1. What is the minimum period he has to stay before he could apply reentry visa? You stayed for 1.5 months, can it be one week?

2. Where can you apply for reentry visa? at port of entry? embassy later? and how long does BCIS take to respond? I am assuming that you have to wait till they approve otherwise it could be a problem in the return.

Thanks a ton!
Pankaj

 

[amishah]

Thanks a lot. You solved a big headache of me and my parents!
Few more questions:

1. What is the minimum period he has to stay before he could apply reentry visa? You stayed for 1.5 months, can it be one week?
I am not sure about this. But I know they use to do it right before they leave the country so that they can have maximum time out side the USA. You may want to che out this link http://uscis.gov/graphics/formsfee/forms/i-131.htm this is the form you use for it.
2. Where can you apply for reentry visa? at port of entry? embassy later? and how long does BCIS take to respond? I am assuming that you have to wait till they approve otherwise it could be a problem in the return.

The link above will answer your most of the question. They take couple of months to approve it depending on your Service center. They don't have to wait for approval. Your parents can leave the country after filing and if they don't hear from them in next 10 months or if they get denied, they have to come back before completing the 10-11 months out of USA. Thats what happened with my parents last time. Their application was pending for 10 months so they camback lived her for 2 months and went back. After a month of their leaving their application got approved for 3 years.
Thanks a ton!
Pankaj