Re-Entry Permit questions..

C

cq2

Registered Users (C)
I am posting this question here since it has relevant concerns.

1. What is the time limit, if any, for any GC holder to establish himself/herself in the USA with a job? Example: A person got his GC in June 2000 and was layed off in June 2001. He has been unemployed for the last 19 months. Will further stagnation of his career, lead to INS considering him a person unable to establish himself in the US and deport him and his dependents? Will his savings come into consideration?

2. If an unemployed person sells everything and leaves the US on a Re-Entry Permit, leaving behind his Bank Account and 401(k); will he/she have problems when reentering US, since he/she has no job or house except for the accounts?

3. Talking of multiple entries with or without a Re-Entry Permit, what is the mimimum duration of time between the issue of two successive permits. i.e. a person leaves USA with a Re-Entry permit and returns in 2 years. Once he enters, how much time does he/she have to apply for another re-entry permit and leave the country? One month? 3 months? Six months?

Thanks very much for your help, suggestions and advice in advance.
CQ2

PS: I welcome any comment on these situations and will not hold anyone responsible or quote anyone for their advice. Thx.
 
Many thanks for the info. Can I receive the permit in USA?

JoeF,
Many thanks for the clarifications.

On the first reply - I understand that as long as a GC holder does not become a Public Charge, it is ok even if he has worked only for 8 months after the receipt of GC in the first 3 years as a GC holder.

Some of the info. says the REP can be applied for from outside the USA, whereas the INA says it needs to be applied for at least one month before departing the USA and can be received in the foreign country at a Consulate/INS Office or mailed to an address.

On the form, there is an indicator "Delivered by Hand." I assume this is used when the REP is picked up at a Consulate/INS Office.

In circumstances where a GC holder is plannng to visit many countries for over a year, can he/she receive the REP in the US itself before embarking on the journey, because of the uncertainity of his/her address in the foreign countries? Or should the traveller pick the REP at the Consulate in the first foriegn country he/she visits. (REPs take an average of 4 months to be approved and then sent to the foreign country.)

Thx, cq2
 
Replies ...

Originally posted by cq2
On the first reply - I understand that as long as a GC holder does not become a Public Charge, it is ok even if he has worked only for 8 months after the receipt of GC in the first 3 years as a GC holder.

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Huh? Care to provide a reference, rather than just claiming this? All I found is INA 231(a)(5), but that only applies if the causes for becoming a public charge existed before entry. If the primary applicant signed an affidavit for the dependent family members, the primary applicant is responsible for supporting them for 3 years. If the government hands out money, they can demand it back from the primary applicant. And all the assets are fair game. The affidavit is a legally binding document.

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cq2: I ment in the previous example where a person gets a GC and 10 months later gets layed off and is unable to find jobs till 19 months - all within the first 3 years.
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Some of the info. says the REP can be applied for from outside the USA, whereas the INA says it needs to be applied for at least one month before departing the USA

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Again, please provide a reference. As far as I know, this is not true. You can leave immediately after applying. And in fact, all that the instructions for the I-131 say is that "Departure from the US before a decision is made on an application for a reentry permit ... does not affect the application."

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cq2: I ment the links you had provided in your initial response.
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and can be received in the foreign country at a Consulate/INS Office or mailed to an address.

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It can not be mailed to a foreign address. If you are abroad, you have to pick it up at a consulate or foreign INS office.
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cq2: My father received 2 permits at his foreign address. They do mail them overseas to an address.
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On the form, there is an indicator "Delivered by Hand." I assume this is used when the REP is picked up at a Consulate/INS Office.

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This is for INS-internal use, and you should not even speculate about it's use. Also, remember that the I-131 is used for a number of purposes, and some may allow hand delivery (which actually means that it is handed over to the applicant by INS personnel.)

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In circumstances where a GC holder is plannng to visit many countries for over a year, can he/she receive the REP in the US itself

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Sure. In fact, some lawyers recommend that because of the possibility that it gets lost when INS sends it abroad.
Another possibility is to have it sent to a relative in the US, and then have that person FedEx it to your current location.
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cq2: The I-131 form asks for the tyoe if delivery - Overseas Consulate or INS Office or an Address. But not a local US address, where they mail the 2 Notices of Action - Receipt Notice and Approval Notice.
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(REPs take an average of 4 months to be approved

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From what I've heard, it often takes twice that time.
 
Thanks for the clarifications

JoeF,
Thanks a bunch for the clarifications - I applied for ReEntry Permits for my parents in 1998 and in 2001. I used form I-131, which is still the same on the website. It still says Address in (2) instead of (1). However, I paid the fees and I got a receipt notice and after 4 months an Approval Notice to my house. But the Permits were mailed to my parents' personal address as mentioned in the form Address (2). Yes, they were Rentry Permits in White color and not Adv. Parole or Refugee docs.

I guess many things change between Law-Forms-Process and there is always something out of sync.

I am not sure if I can add Address(1) in the old forms and if INS will accept the same or not.

One reason though - the total processing will take 6 months. Which means the petitioner will have to apply 6 months before departure or have a friend/relative mail it to the foreign address. So to make it easier, INS has given the opportunity to receive the REP at a foreign Consulate; INS Office or a personal address, by which time the petitioner will have reached the foreign destination.

The one month limit is in the instructions of the I-131, which say that the request may be applied at least a month before departing the USA.

Either way, I think I may have to talk to a lawyer or the INS and find out if I can change Address(2) to Address(1).

One more thing - does applying for REP, reopen the original file with INS for the issue of GC or do they open another file for REPs?

Thanks again for the info, cq2
 
Local US address for Re-Entry Permit

Hello Everyone on the forum!
Many thanks for the REP clarifications. So it is possible to receive the REP in the USA before departure. But can I give my atorney's address as the address for receipt of GC and he can FedEx me the same? Or should I give the Local US address as the address of friend or relative where I am receiving mail?

What happens for people who have no friend/relative in the US to pick their mail? Can they arrange a lawyer to collect/receive their bank statements and Credit Card Bills etc? Upon Re-Entry will INS pose a problem if we use the attroney's mailing address?

Thanks a bunch...(pls. clarify with your attorneys before u reply!!)
 
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