Re-entry permit help needed - Need to apply for one soon

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crazygc

Registered Users (C)
Does anybody know -
- How long does it take to get re-entry permit once we apply for it?
- I know that we have to be in the US when we apply for the re-entry permit, but can we leave the US immediately after applying; and before getting the actual permit?

Please post your replies as soon as possible
 
regarding re-entry permit

Please visit the site below:

http://www.ins.usdoj.gov/graphics/formsfee/forms/i-131.htm

In my wife case, they sent us a receipt within a week and i recieved her reentry permit within 3 weeks. It is a straight forward process and you dont need any immigration lawyers help.

Finally, it is a good idea if you go through http://www.immihelp.com/ as you can fill out the form electronically through Acrobat Reader and take the print out

I hope it helps
 
agj - some questions for you

First of all, thanks for your reply
- Do you know if we have to wait for the receipt and/or the reentry permit before we leave the country?
- Also, are you aware of any specifics around how long do we have to be here before it is recommened we apply for a re-entry permit?
In my case I got stamp on my passport for my gc 8 days back, but because of some company work - I will need to go out of the country for around 7-8 months on a project. Do you know any issues surrounding this, or things I should be careful about?
 
if you are leaving the country for less than 1 year, you do not need a re-entry permit.

the thing is, staying outside US for over 180 days in a year may interrupt your continuous residence in the US (when you apply for naturalization) unless you can prove otherwise.
 
JoeF and DawsonDong

Guys,
Thanks so much for your responses.
Is there any recommendation that you cannot or shouldnot apply for re-entry permit very soon after becoming a LPR?

The reason I ask this is that I just got my stamp on my passport last week when I entered the US after consular processing. Now, my company (US based company) is asking me to go for an international assignment for anywhere between 6 months to a year.
I will be able to come back to the US for short trips say every 2-3 months, but that\'s it. Would your recommendation be to apply for re-entry permit now itself (so soon, without having gotten the platic card too) or wait for 3 months when I will be making a short trip to the US?

Your help is greatly appreciated?

Also, on a side note, what is the procedure for adding something to FAQ - Based on your responses, I would like to create an FAQ for the whole re-entry for job related long term assignments outside the country. I have seen this come up a lot recently on this board

Thanks
 
Dawson Dong - Question for you please...

If we re enter US after 182 days but before 1 year, we don\'t need any other document?? Will there be any problem at the POE?
 
JoeF- Thanks for your quick reply! Sorry it is 180 I think....also question?

I heard that if one wants to stay outside US for more than 6 mo but less than 1 year they don\'t need any pre-entry permit and have no problem re -entering US. I know some people they are not asked a single question at POE, (thats what they say). What you think it is true??
Thanks..
 
Proving residence

JoeF,
What does proving residence mean?
Consider this scenario:
Somebody is sent for a long term assignment outside US for say 9 months. He is renting an apartment here, but decides that it is too expensive to keep it for 9 months, hence he decides to give up his apartment. Now, that person always intends to stay in the US, infact is employed by a US employer - and after his long term assignment will come back for sure.
Will INS officer consider this as \'abandoning his residence\'?
 
Agreed with your thoughts, but how far can common sense go...

JoeF,
I agree with what you say...
However, there got to be some rule somewhere; otherwise it is too much power on one INS officer at the POE.
So, considering the same example as above, even with the following things
- The person works for a US company
- The person is on a temporary assignment abroad, and has a letter from company saying that
- Pays taxes as US resdient
- Maintains bank accounts and credi cards
- Does NOT have a house or apartment here (since wants to save some money)
- Does have all household stuff in storage
- Does NOT have family member here (wife is with the person abroad - since if wife is not working, what is she going to do here anyway)

Now after all this, could one INS officer consider this to be good enough proof that the person always intends to stay in the US; and the other INS office consider this as not valid - and doesnot let the person enter the US?

Common sense to me says that the person shouldnot have any problem, since he has a clear case - however if completely left to the INS officer, can\'t one INS officer interpret this as valid enough reasons; and other say no...
If that is so, then isn\'t there something very wrong with the whole POE process?
 
I think JoeF has done a very thorough job in ...

answering your questions. Basically, if you leave US for less than 1 year, your valid green card will allow you to return to the US. No problem at the POE. However, see my previous post for the impact on naturalization. If you stay out of US for 1-2 years, you need a re-entry permit to come back. Occasionally, INS may deny your entry even if you have a permit (I would recommend you bring along some evidence supporting your intention to main PR in the US like US pay stubs, mortgage payment, US loan payment, etc).
 
Hypothetical case

JoeF,
Before I venture to talk about INS powers, let me first understand your stand. When you said that "Your hypothetical case is pretty clear cut". Do you mean that according to you - the hypothetical person should NOT have any problems maintaining the GC (ofcourse making sure that he doesnot step the 1 year outside the US requirement), considering the things that I mentioned in my previous post?
As regards to INS powers, I would like to have a discussion with you, and will open a separate thread...
Posting here is a whole lot of fun since we have people like you with interesting insights... I should start doing this more often
 
JoeF

I have read a lot of mail from you and others recently about notifying INS of address change.
Now in our hypothetical case, if the person goes to international assignment for 9 months, (Let\'s assume that he doesnot apply for re-entry permit since he is going to come back every 3 months or so...)
-does he have to notify INS that he is doing so?
-If the answer is yes, how would he do it?
-If the answer is no, then how would the INS know of his address change (since he has given up his apartment here - and has only an international address going forward)

This would get tricky
 
JoeF

Ok, so say the person comes back to a friends place in the US every 3 months. Now, in that scenario should the person give the friends address?
That might work, but if the law is that you have to inform the INS whenever you move, then the friends address is not really the correct one... It is just a temporary parking point for the person. So, what is INS\'s stand on this?
 
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