Logical reason for applying for re-entry permit

G

gshweta

New Member
Hi

I have a GC for last 4 years and I have all the intentions to finally migrate to USA, but the only problem that I have is that my husband does not have a GC yet and hence, I have been travelling every 10-11 months to US in all these years.
But now I want to apply for a re-entry permit in order to avoid any risks with my GC, hence I have the following questions:

1) What can be counted as a logical reason for applying for a re-entry permit (to be quoted in I-131)?
2) In general, how long does it take for one to get a call for the biometrics after sending the application under normal circumstances?
3) How long would it generally take to get a call for biometrics if I apply in an "expedite mode"
4) What can be a logical reason to apply in an expedite mode (to be filled-in form I-131)?
5) What all documents would I need to attach alongwith the application?
6)Would I get an extension for 2 years, considering the fact that out of last 4 years of my GC I have stayed outside for more than 3 years?

A quick response to the above queries would be highly appreciated.

Thank you in advance

Regards
 
They probably will give you less than 2 years on your reentry permit due to your lengthy absences in recent years. Once you have accumulated 4 years of absence in the past 5 years, the rules limit your permit to 1 year unless you meet specific exceptions listed in the I-131 instructions.
 
Thank you

Thank you for your response. But the fact is that I got my GC 4 years back, out of which though I have been outsisde US for more than 3 years, but still the clause of being outside US for more than 4 years does not apply to me.
Do I then stand a better chance of getting an extension for 2 years?
 
Yes ofcourse. That is why I want to be cautious and intend to take all the necessary measures to keep my GC secured.
 
gshweta said:
Thank you for your response. But the fact is that I got my GC 4 years back, out of which though I have been outsisde US for more than 3 years, but still the clause of being outside US for more than 4 years does not apply to me.
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You are not automatically limited by the 4 year rule, but it is close enough that they may use their discretion to give you less than 2 years, or deny it.
 
Hi,
Did you find the answers to your questions?

I got my GC in January of this year and was thinking of getting the I131 now however it seems that most people can travel in and out for at least 2 years if trips are under 1 year.
I was out of the country for under 6 months and i was already given a hard time and asked if i was staying here perm this time. the cbp officer did not note anything though, it seems to be all smoking mirror scare tactics.

Did customs ever give you a hard time? did you answer them truthfully about your length of time abroad?
what was the reason you told them you were away for so long.

I dont think CBP seems to know first hand when you last left the states as the advance passenger information that is gven by the airline gets deleted after 7 days after arriving/departing if you are not a person of interest, so the only quick way for them to know is by looking at any stamps in your passport that would indicate the length of stay (which in the case of traveling back to your home country does not apply since most coutries do not stamp their own citizens on arrival) or by asking the person about the total time spent abroad.
I presume that if they were really interested they could dig it up in secondary inspection but they would need to have a reason first.

In my case i work for a US company and i am posted abroad for at least another 2 years but i am not sure this would be a good enough reason though?

Regards
 
i also found this, might help you

source: laborimmigration.com/topics/i-131/

Guidance on Expedited Re-entry Permits (Form I-131)
March 17th, 2009 | Category: I-131, Travel The National Service Center has provided some guidance on requesting expedited processing of re-entry permits (Form I-131) to clarify the reasons for requesting expedited processing. According to NSC, valid expedited reasons are humanitarian reasons, financial loss, medical need, etc.

We have received many re-entry permits inquiries by permanent legal residents who are about to accept a job opportunity abroad and are interested in obtaining their re-entry permit using the expedited procedure. In the recent guidance, NSC has confirmed that working and residing overseas is sufficient reason for requesting an expedited biometric processing. We have been successful in obtaining a number of expedited processing re-entry permit applications and the NSC guidance confirms our experience.

There are approximately 200 expedite requests per day received by USCIS and most of the biometric appointments are scheduled within a few days to a week after receipt of the application. For comparison, regular processing re-entry permits have biometric appointments scheduled within 4 to 6 weeks.
 
spasiba said:
I dont think CBP seems to know first hand when you last left the states as the advance passenger information that is gven by the airline gets deleted after 7 days after arriving/departing if you are not a person of interest,
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That is solidly false. They don't have 100% of every single exit and entry of 100% of the people, but when they have the data they do keep it years. Many people have noted that the officer at the immigration counter or naturalization interview knew about years-ago trips even when the passport stamps didn't show them.
 
how though

Thats an interesting point.

i did some research into the APIS system which is the information system that the airlines use to sent the TSA on their passenger/flights and on the APIS privacy policy it stated that in most cased information was only kept for 7 days unless the person was flaggen (terrorist, felony etc...)

The only was CBP can know you have left the country is by being informed by the airline as there is no control of passports as one leaves the USA.

Maybe the information they know comes from what the person answered at the port of entry with the question "how long have you been gone for"???
 
That's what happened to me arriving in Chicago after a summer vacation this year: The officer asked "how long have you been out of country" (as usual) and he actually wrote my answer - 3 weeks - into the passport. Never happened the last 10 years (writing the answer in the passport). But also for the first time, nobody was asking for the GC when I left the country - strange. But what really made me upset was the waiting with all the tourists for biometrics, took almost 2 hours ! So I assume they normally now exit/entry dates, maybe exit is not always recorded - e.g. if you're leaving the country on a land border to Canada or Mexico.
 
spasiba said:
Thats an interesting point.

i did some research into the APIS system which is the information system that the airlines use to sent the TSA on their passenger/flights and on the APIS privacy policy it stated that in most cased information was only kept for 7 days unless the person was flaggen (terrorist, felony etc...)
Click to expand...
Maybe APIS itself only keeps the data for 7 days, but once CBP receives it they keep it for years.
 
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