Working Abroad with Re entry Permit

D

dfly

New Member
I have a more complicated question regarding working abroad with a reentry permit.

Here's the deal:

I'm a green card holder and I applied for a reentry permit.

I'm an Airline Pilot and used to fly for a US company before things went belly up due to recession and oil prices madness.

I've been offered a 1-2 year contract with a foreign airline that has scheduled flights to the US.

This company told me, that I need to get my crew member's visa for going into the US as crew member (listed on the General Declaration).

Obviously, for me is impossible to get a Crew Member's visa since I'm a green card holder and can't have a separate type of VISA.

My question is, will I have any problems flying to the US with my reentry permit as a crew member operating for a foreign airline?
 
Tell them you don't need a crew member visa to go to the US, because you have a green card and will soon have a reentry permit! What are they smoking?? Do they know you have a green card?

My question is, will I have any problems flying to the US with my reentry permit as a crew member operating for a foreign airline?
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Depends on how much time you're spending outside the US. About what percentage of the time do you expect to be inside the US?

If you plan to apply for citizenship, just remember to record all your entries and exits to the US because it's required on the citizenship application. Don't rely on passport stamps, because you're going to be in and out so many times and they often won't stamp your passport.
 
Where is your "home base" going to be? Will you maintain a U.S. "residence"? Are you SURE that the airline is NOT owned by a U.S. entity? As an airline pilot it is unlikely that you would qualify for an N-470 even if the new employer qualified (you likely made at least some flight outside the U.S. before now) UNLESS you had one solid year inside the U.S. at some point in the past as a lawful permanent resident (it is possible if you came here as a child).

The REP should work for you.

8 CFR § 223.1 Purpose of documents.

(a) Reentry permit. A reentry permit allows a permanent resident to apply for admission to the United States upon return from abroad during the period of the permit's validity without the necessity of obtaining a returning resident visa. .....

§ 223.3 Validity and effect on admissibility.

(a) Validity —(1) Reentry permit. Except as provided in §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.
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(c) Extension. A reentry permit or refugee travel document may not be extended.

(d) Effect on admissibility —(1) Reentry permit. A permanent resident or conditional permanent resident in possession of a valid reentry permit who is otherwise admissible shall not be deemed to have abandoned status based solely on the duration of an absence or absences while the permit is valid. ........

§ 223.2 Processing.

(b) Eligibility —(1) Reentry permit. Except as otherwise provided in this section, an application may be approved if filed by a person who is in the United States at the time of application and is a lawful permanent resident or conditional permanent resident.

(c) (2) Extended absences. A reentry permit issued to a person who, since becoming a permanent resident, or during the last 5 years, whichever is less, has been outside the United States for more than 4 years in the aggregate, shall be limited to a validity of one year, except that a permit with a validity of two years may be issued to:

(i) A permanent resident as defined in 8 CFR 211.1(b)(1)(ii) or 211.1(b)(4); [These sections no longer exist and it is unclear what they used to refer to.]

See also 8 CFR 316.5(c) for steps to take to protect naturalization eligibility.

It is nice to hear about someone getting a job instead of losing one. Best wishes.


It's too bad you are not the pilot of a seagoing vessel with a U.S. home port, they get special consideration under INA 330.
 
This company is not owned by another U.S. Holding or Parent company. It's completely foreign. My base won't be the U.S and the INS will know that (won't lie of course). I'll just fly and stay for 2-3 days tops and return. Depending on scheduling I might be doing that a couple of times a month only.

I talked to the company and they said they don't need me to get a crew member's visa, as long as I'm 100% POSITIVE that I'll have no problems using the REP.

Does anybody know if I'll be OK with no troubles coming in and out with my REP? I mean, a reentry permit allows you to work overseas right?
 
dfly said:
This company is not owned by another U.S. Holding or Parent company. It's completely foreign. My base won't be the U.S and the INS will know that (won't lie of course). I'll just fly and stay for 2-3 days tops and return. Depending on scheduling I might be doing that a couple of times a month only.

I talked to the company and they said they don't need me to get a crew member's visa, as long as I'm 100% POSITIVE that I'll have no problems using the REP.

Does anybody know if I'll be OK with no troubles coming in and out with my REP? I mean, a reentry permit allows you to work overseas right?
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I mean, a reentry permit allows you to work overseas right? NO, that is WRONG!

INA 101 [8 U.S.C. 1101] DEFINITIONS

(a) As used in this Act-

(13) (A) The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.

(B) An alien who is paroled under section 212(d)(5) or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.

(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

(i) has abandoned or relinquished that status, [This is the part you wish to avoid. How you handle things reflect your intentions but actions can be misinterpreted. You could be viewed as having abandoned the U.S. depending on your specific actions.

(ii) has been absent from the United States for a continuous period in excess of 180 days,

(iii) has engaged in illegal activity after having departed the United States,

(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this Act and extradition proceedings,

(v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240A(a), or

(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.

Review that 8 CFR 316.5 (c) I mentioned. Ignore it at your own risk.

Although it is NOT an absolute requirement that anyone ever naturalize, it is a basic underlying presumption that most LPRs will want to naturalize. The law is written to disfavor folks who do not appear to appreciate the privilege they have been given.

EXAMPLE: INA 274B UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES

(a) Prohibition of Discrimination Based on National Origin or Citizenship Status.-
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(3) Definition of protected individual.-As used in paragraph (1), the term "protected individual" means an individual who-

(A) is a citizen or national of the United States, or

(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 210(a) , or 245A(a)(1) , is admitted as a refugee under section 207 , or is granted asylum under section 208 ;

but does not include

(i) an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after the date of the enactment of this section and {This clause means that at 5 yrs and six months as an LPR you are no longer protected if you do not file for naturalization.}

(ii) an alien who has applied on a timely basis, but has not been naturalized as a citizen within 2 years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Service's processing the application shall not be counted toward the 2-year period. {The proviso means that you are actively doing what you need to do to establish or re-establish naturalization eligibility. The easiest example is a person taking an English class so they can meet that requirement.}
 
dfly said:
This company is not owned by another U.S. Holding or Parent company. It's completely foreign. My base won't be the U.S and the INS will know that (won't lie of course).
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Your employment base will be outside the US, but what about your residential base? Will you maintain a house or apt. in the US, and stay in it when you periodically stay in the US for a night or two?
 
Jackolantern said:
Your employment base will be outside the US, but what about your residential base? Will you maintain a house or apt. in the US, and stay in it when you periodically stay in the US for a night or two?
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I'm maintaining the same residence since 2005. I still have all the house bills on my name and credit card payments.
 
So, I checked the status of my application of the I-131 form only, and it says that they are requesting evidence. I'm assuming is evidence that I filed while still at the U.S. What kind of proof would be good?
 
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