Need advanced parole or reentry permit if outside of US between 6 months and 1 year?

Immi2001

Registered Users (C)
#1
My parents have had green card for 3 years. They plan to go to China in November but not sure when to return. If they stay in China between 6 months and 1 year, do they need to file for Advanced Parole or Re-entry Permit (I-131)? Do they need to file before they leave US or can I file for them while they are outside of US?

Thanks a lot
 

BigJoe5

Registered Users (C)
#2
My parents have had green card for 3 years. They plan to go to China in November but not sure when to return. If they stay in China between 6 months and 1 year, do they need to file for Advanced Parole or Re-entry Permit (I-131)? Do they need to file before they leave US or can I file for them while they are outside of US?

Thanks a lot
A re-entry permit (REP) is only required for an absence of a FULL year up to two years in duration.

One MUST apply for a REP while inside the U.S. The I-131 must be received by USCIS before departure not merely placed in the mail.

One may depart after the I-131 is received by USCIS.

The applicant must get fingerprinted even if they have to come back for it.

A REP does NOTHING to protect naturalization eligibility.
 

Immi2001

Registered Users (C)
#3
So if they stay outside of US between 6 months and one year, do they have to file advanced parole? and before they leave US?

Thanks
 

BigJoe5

Registered Users (C)
#4
irrelevant

So if they stay outside of US between 6 months and one year, do they have to file advanced parole? and before they leave US?

Thanks
You do not know what advance parole (AP) is.

AP is used by someone with a pending I-485 for permission to travel and return without having the I-485 deemed abandoned and thereby denied merely by departing abroad.
 

Jackolantern

Registered Users (C)
#5
So if they stay outside of US between 6 months and one year, do they have to file advanced parole? and before they leave US?

Thanks
You are confusing Advance Parole with the Reentry Permit, probably because both use the same I-131 application form. Green card holders do not qualify* for Advance Parole, and non-green card holders do not qualify to get a Reentry Permit.

Since their trip may last up to a year, they should apply for a Reentry Permit just in case it hits the 1-year mark. They must apply for it when they're in the US, and must not leave until USCIS receives it. About 3-6 weeks later they will have to show up for fingerprinting, but they can leave the US in between USCIS receiving it and the fingerprinting appointment. They can leave again as soon as they've completed fingerprinting, and USCIS will deliver it either to the US address they specified, or to a US consulate abroad where they can pick it up.


*a person whose GC was recently approved may use their existing (i.e. obtained before GC approval and before leaving the US) Advance Parole one last time to enter the US. This is done when the GC was approved while the person was abroad.
 
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