Parole / Permission from INS after GC to leave USA for some time

R

rxs0005

Registered Users (C)
hi all,

I got my GC stamped last friday , I had a Q for all you Immigration specialists that we have become after following this board

After GC there is some stipulated time to be in the country to maintian the GC i need information regarding this which may be a website or some information you have . Also i heard that you can take permission or parole from INS to go on like a 2 year sabbatical outside US and still maintian the GC , i have heard conflicting reports on this but please do share your facts or direct me to some place where i can get Real info as to how we go about the process and what has to be done .

Is there any board whcih dicusses these issues ?

thanks y'all for your time and input

rxs0005

my info

EB2 VSC
RD Jan 17 2002
FP1 May 2002
FP2 July 8th 2003
FP2 Rx on BCIS website Jul 16th 2003
RFE Sep 2 2003
RFE Responded Sep 10th 2003
REF Rx BCIS website updated on SEP 22
Approved on Oct 8th 2003

new info

Rx Notice of 485 approval by mail Oct 16th 2003
PP stamped Oct 17th 2003
 
You can take a two year sabbatical by applying for a re-entry permit, but only after you get your plastic.

Look at this Link for more info.
 
what happens if a person applies for a re-entry permit and having departed wishes to visit his/her relatives after 11 months? Would the INS allow the permanent resident back in without a reentry permit. What if any supporting documents should the person carry in person to show at POE.
thanks!
 
Wrong. The actual card is relevant because the re-entry permit cannot have a period of validity greater than the stamp (< 1 year). How can the permit exceed the period of the stamp :confused: :confused:
Originally posted by JoeF
Huh? Wrong. You have to be a Permanent Resident, of course. But having the actual card or not is irrelevant. The stamp in the passport has the same legal value as the card. A problem of course is that the stamp is only valid for 1 year, and you need to have a valid card or stamp to return.
You also have to keep ties to the US, e.g., filing tax returns as resident, declaring your worldwide income.
See http://www.visalaw.com/01jan4/12jan401.html
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What part of 'temporary' don't you understand. CFR223.3 does not mention about the temporary stamp . I have learnt not to interpret things when they are not explicitly mentioned.
I have tried this option since I have a stamp and was told by my law firm(FDBL) that it is not possible to get a permit with a period exceeding the stamp period.


Originally posted by JoeF
That's BS. Even if the stamp expires, the status as PR does not. Re-entry permits are valid for 2 years.
8 CFR 223.3:
"(1) Reentry permit. Except as provided in Sec. 223.2(c)(2), a reentry permit issued to a permanent resident shall be valid for 2 years from the date of issuance. A reentry permit issued to a conditional permanent resident shall be valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever comes first. "

Ask your lawyer what he has to say about that...
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These people are professionals and have been doing this for a while.The law you cited did not articulate this specific point. And who the hell cares about what you say anyway. <End of discussion.>

Originally posted by JoeF
I don't care what some arbitrary website says. I only care what the law says.
Is some irrelevant website all you can find to support your claim? I referenced the law.
And this particular website didn't even get the terminology right. There is no "temporary greencard." The stamp is the GC. It even has the same code (Form I-551) as the card. So it is handled the same way as a GC, except that it expires in 1 year instead of 10.
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Support my claims ? Look who's talking.

Operating a web site with false claims is what some are doing. ?????You are so defensive, now that your claims are disproven. First FDBL was wrong, then a professional web site was wrong????. Show me your law where it says: : "We will provide you with a two year reentry permit even though your stamp is valid for a year".
You are not a professional to claim something that I have shown professionals to claim. My claim stands supported till you disprove it specifically (not by rhetoric but by evidence). None of which you have been able to support this far.
I have not tried to insult you, but have made up my mind to not listen to your BS, that you been feeding the other members.

GET IT!!!!!!!!!!!!!!

Originally posted by JoeF
Who says so? You? As far as I'm concerned, these are just some people who operate a website. Anybody can do that.
Conclusion: you can't support your claim.
And then you try to save face by using a lame insult. Gee, grow up.
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There is no "temporary greencard." The stamp is the GC. It even has the same code (Form I-551) as the card. So it is handled the same way as a GC, except that it expires in 1 year instead of 10.
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There is one difference, though between the actual card and the stamp. For the purpose of employment authorization the two are considered differently. A stamp is NOT a valid employment authorization beyond its expiration. An actual green card IS, and someone holding an actual green card need not get his employment authorization re-verified even after his card expires.
 
I will still say that an expired stamp is NOT valid for employment authorization. BCIS recently published a document called "I-9 process in a nut shell". I quote directly from that document here:

...Note that temporary evidence of permanent resident status in the form of an unexpired foreign passport containing a temporary I-551 ADIT stamp is subject to the reverification requirement..

..Where Reverification is not Required:
Permanent Resident Cards (also known as Alien Registration Receipt cards, Forms I-551, Resident Alien Cards, Permanent Resident Cards, or “Green Cards”) are issued to lawful permanent residents and conditional resident and should not be reverified when the cards expire. Temporary evidence of permanent resident status in the form of a temporary I-551 stamp in an unexpired foreign passport is subject to reverification. This is because of the temporary nature of this document. Likewise, List B documents need not be reverified when they expire.
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This information is inconsistent with your interpretation.
 
Once again i ask: Where does the law say " The reentry permit can have a validity period exceeding the validity of the stamp"
You are not even a paralegal, yet you interpret the law ?? :)
Originally posted by JoeF
Unlike you, I have shown you the law. That is all that counts. I don't claim anything. I just quote the law. You are the one who claims something that you don't have any evidence for, other than something some new paralegal hire at a law firm told you or something you saw on some website. Ask your lawyer (and not a paralegal) to give you their statement in writing and have them quote the part of the law they base it on. Show me the law or shut up.
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You do not trust the professional website who have being doing this for years. No evidence from yourside(not even a website). Yet you freely post junk on this website. so SHUT UP or provide evidence( A professional website will do too.).

Originally posted by JoeF
Once again, I ask where does the law say that the reentry permit can not exceed the validity of the stamp?
You claimed that, yet you refuse to provide even a shred of evidence for your claim.
I don't interpret the law, I just quote what it says. You are the one claiming that this bogus limitation exists, without any evidence.
Again, provide the evidence or shut up.
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Sure, the law can be trusted but not interpreted wrongly by free runners like you to suit your ego.
Evidence or silence: What will it be.
Originally posted by JoeF
No, I do not trust any website nor any verbal communication. These are not legally binding. I only trust the law.
So, provide the evidence in the law, or shut up.
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I quote and provide professional websites who do this for a living. You have no proof whatsoever and yet claim to understand the law. :)

Originally posted by JoeF
Correct. And you are the one who tries to interpret it wrongly. I just quote it.
You are not qualified to interpret it, so why do you continue to try?
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The stamp is a temporary evidence of the green card.
This statement holds true for a green card. If the stamp and the green card were the same, I would have loved to see a stamp valid for 10 years. Any idea why they don't do that. You can argue all you want, and not believe in the professional websites that clearly state this fact. It is your problem...............
Originally posted by JoeF
What part of "a reentry permit issued to a permanent resident shall be valid for 2 years from the date of issuance." don't you understand?
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Now you have come back to where you belong. A cheap guy taking cheap shots. What the hell do you do for a living dude. Sit in your cell and write junk all day.

Originally posted by JoeF
As I said, quote the law.
What part of "a reentry permit issued to a permanent resident shall be valid for 2 years from the date of issuance" don't you understand?
Your claim is not found in the law. The law is the only thing that matters.
Now, shut up and only come back when you have learned to read.

PLONK.
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Here is an extract from the CFR:
(vi) Special rules for receipts. Except as provided in paragraph (b)(1)(iii) of this section, unless the individual indicates or the employer or recruiter or referrer for a fee has actual or constructive knowledge that the individual is not authorized to work, an employer or recruiter or referrer for a fee must accept a receipt for the application for a replacement document or a document described in paragraphs (b)(1)(vi)(B)((1) and (b)(1)(vi)(C)((1) of this section in lieu of the required document in order to comply with any requirement to examine documentation imposed by this section, in the following circumstances:


(A) Application for a replacement document. The individual:


(1) Is unable to provide the required document within the time specified in this section because the document was lost, stolen, or damaged;


(2) Presents a receipt for the application for the replacement document within the time specified in this section; and


(3) Presents the replacement document within 90 days of the hire or, in the case of reverification, the date employment authorization expires; or


(B) Form I-94 indicating temporary evidence of permanent resident status. The individual indicates in section 1 of the Form I-9 that he or she is a lawful permanent resident and the individual: (Paragraph revised 2/9/99; 64 FR 6187)



(1) Presents the arrival portion of Form I-94 containing an unexpired "Temporary I-551" stamp and photograph of the individual, which is designated for purposes of this section as a receipt for Form I-551; and



(2) Presents the Form I-551 by the expiration date of the "Temporary I-551" stamp or, if the stamp has no expiration date, within 1 year from the issuance date of the arrival portion of Form I-94; or (Corrected 3/9/99; 64 FR 11533)
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This indicates that the stamp is considered as a receipt for application for I-551. Also note "presents the form I-551 by the by the expiration date of the temporary I-551 stamp" phrase.
 
Faulty interpretation and a will to argue. Sure if these were the attributes to win a case, you would be the winner. But we need facts. Facts that you have been unable to prove.
Read details from this website. It says what I have been saying all along. These folks are professionals who do this for a living every day.
http://www.travelvisaexpress.com/

It says "
Reentry permit is of white color and is issued for two years (if the applicant has a green card) or for the period of validity of I-551 or temporary green card.
"

Ego clouds the brain, and prevents one from accepting facts. . Let go of your ego, and you will see the truth.

Remember this: A reentry permit cannot have a validity period exceeding the validity of the stamp.

Good Luck dude.


__________________



Originally posted by JoeF
Thank you. Nice evidence for your faulty interpretation. Where does it say anything about a green card?
It only talks about a permanent resident. Do you think that people with just the stamp are not permanent residents?
Again, learn to read. I made it clearer for you: "a reentry permit issued to a permanent resident shall be valid for 2 years from the date of issuance."

I think everybody can now see your faulty interpretation. Case closed.
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You keep harping again and again, without any proof. A site would gain by telling people that they can get a reentry permit for two years. What damn reason do you see for them to lie, you frustrated soul.
Accept and bow out you hypocrite.


Originally posted by JoeF
Boy, you are a nutcase. I gave you the facts. The law.
"a reentry permit issued to a permanent resident shall be valid for 2 years from the date of issuance."
It doesn't get any clearer than that. Why do you ignore the facts? Because they don't fit your believe? Now, you can believe what you want, it just is a wrong belief if it isn't grounded in the law. And all you have come up with is a questionable website. I don't know anything about that particular site, other than that it is a commercial operation. They may or may not be legitimate. Anyway, another "professional" website (usais.org) was exposed as scam and shut down recently: http://story.news.yahoo.com/news?tmpl=story2&u=/nm/20031009/wr_nm/crime_visas_dc&e=4&ncid=
Just one reason to not ever believe what any commercial website says.
To reiterate and close this discussion: Only the law counts.
And the law says "a reentry permit issued to a permanent resident shall be valid for 2 years from the date of issuance."

Now, go away, troll.
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