I-131 Expiring, want to renew, but cannot make it to the States in time

[Sariana]

Hi,

I am in a very stressful position right now, I have a valid I-131 (my first ever) that expires late September 2018, the plan was to go back to the States and reapply for my second I-131 before the current one expires, however I do not have money nor am I actually able to get time away from work currently.

My question is- are there any other options for me regarding the timeline? It occurred to me that once the I-131 expires- I will automatically go back to my Green Card status, and therefore could technically come back to the States within the usual 6 Month period, then apply for my second I-131.

Am I wrong here? Are there any other possibilities for my situation? Or must I return to the States within the validity of my current I-131 in order to apply for a second?

Any information would be greatly appreciated.

Thanks

 

[Sm1smom]

No such thing as automatically going back to your GC status when your re-entry permit expires because you never left that status in the first. The re-entry is simply a travel permit that allows you to remain outside the US for up to 2 years without jeopardizing your current GC status.

You should do whatever you can to return back to the US before that permit expires. Failure to do that can lead to you being considered as having abandoned your US permanent residency.

Now considering the fact that the re-entry permit is typically valid for 2 years, I find it strange you haven’t made adequate arrangements as to your return before the permit expires. Not having money is to travel back is not an excuse, nor your inability to get time off work. The GC is meant for working and residing in the US, but if the job you’re doing outside the US is more important to you, then you should give up the GC. Really.

 

[newacct]

Hi,

I am in a very stressful position right now, I have a valid I-131 (my first ever) that expires late September 2018, the plan was to go back to the States and reapply for my second I-131 before the current one expires, however I do not have money nor am I actually able to get time away from work currently.

My question is- are there any other options for me regarding the timeline? It occurred to me that once the I-131 expires- I will automatically go back to my Green Card status, and therefore could technically come back to the States within the usual 6 Month period, then apply for my second I-131.

Am I wrong here? Are there any other possibilities for my situation? Or must I return to the States within the validity of my current I-131 in order to apply for a second?

Any information would be greatly appreciated.

Thanks

You must have one of several documents in order to re-enter as a permanent resident. A green card by itself is valid for re-entry after an absence of less than 1 year. A re-entry permit is valid for re-entry any time before it expires. An SB-1 visa is valid for re-entry before it expires. etc.

You didn't say how long you have been out during this trip. If you will have been away from the US for less than 1 year when you return, you can simply re-enter on your green card. If you will have been away from the US for more than 1 year, and your re-entry permit is expired, then you simply have no document that is valid for re-entry.