Dear All,

I wasn't sure where to post this thread and later decided to post here as I thought this thread would be more appropriate. While filling a I-131 for a reentry permit for my mom who is a permanent resident and who is planning on travelling overseas for a longer period of time (more than 1 year), I saw this section 3 in Part 1 of the form where it asks for the "Class of Admission". What do I need to fill in there and where would I find this information? I am a US citizen and had sponsored my parents 7 years ago. Any useful feedback would be greatly appreciated. Thanks.

She will be in class IR5.....


Kez

Thanks a lot Kezzie.

Whatever category it says on her permanent resident card. For parents of USC, it is usually IR0 or IR5, depending on whether she was an adjustment or came with an immigrant visa. Remember that USCIS must stamp the application "received" before she departs the U.S.! (i.e. she needs to still be in the U.S. on the RECEIVED DATE given on the filing notice)

Ok guys, i need advice from you all. She had to leave urgently due some family matters she had to take care of overseas. And, she had left on Feb 29th. Now, I wasn't aware that according to the new rule all re-entry permit applicants need to take and submit biometrics before the permit is issued. Now, that she has already left is it possible for her to file that I-131 in overseas embassy/consulate because the I-131 does say that applicants outside USA need to file it with the US embassy/consulate in the country they are in. I emailed US embassy and asked them if she could file I-131 there and they say that all applicants have to file it in USA before leaving the country. If this is the case then why on the instructions it would say that people outside USA have to file in US consulate/embassy in the country they are in. Please help and thanks in advance.

The new rule took effect on March 5th, so you wife may not be affected.

I haven't read the new instructions, but form I-131 could be confusing since it is used by those whose AOS is pending, permanent residents, refugees,.... as well as certain people who permanently reside outside the USA to gain a temporary entry into the USA. I believe the last ones are the ones who should/can file and be fingerprinted at the Embassy in home country.

No, she can't file I-131 after leaving the U.S. If she is going to return home in less than 1 year, she can return just using her permanent resident card.

If that is not possible, she will need to obtain for a returning resident visa from the U.S. embassy before returning, which is somewhat like the re-entry permit but a more involved process to obtain. In any case, however, proof is necessary that she has, at all times since U.S. departure, intended and actually maintained her permanent residence inside the U.S. continuously is required.

So the cutoff date is a year after departure? I have an older aunt who went back to Colombia and after 6 months she decided not to come back, yet my cousins (her children) were wondering if she could come back within a year of having left and then file an I-131 when she leaves next time.

Thanks!

Diana

The cut-off date for using just the permanent resident card to re-enter is one-year. However, technically, the date you decide you no longer intend to come back is supposed to be the date you lose your permanent resident status and are no longer entitled to returning resident status. You can also formally declare that you intend to abandon permanent resident status by giving a consular officer Form I-407, or by simply applying for a non-immigrant visa to return to the U.S.

Practically, however, upon return the burden of proof upon return is on the immigration service to determine that you abandoned your U.S. residence, and thus your status as a permanent resident. There are two cut-off dates involved here, but these have nothing to do with the general requirement that, at all times since departure, you intended and actually maintained your permanent residence in the U.S. in order to be entitled to returning resident status:

1) Abroad less than 6 months---not to be treated as an applicant for admission or inspected for any grounds of inadmissibility upon return claiming status as a returning resident.

2) Abroad more than 6 months but less than 1 year---treated as an applicant for admission and may be inspected for admissibility and denied admission if found to be inadmissible upon return claiming status as a returning resident.

3) Abroad more than 6 months---same as #2, but additionally requires a re-entry permit or returning resident (SB-1) immigrant visa in order to be re-admitted as a returning resident.

A re-entry permit is generally valid for LPRs for a period of 2 years, EXCEPT if the LPR is a conditional LPR, then the re-entry permit is only valid up until the time a conditional PR has to remove conditions.

Thanks Chris!

We thought it was 6 months but I think I'll tell my cousins to convince her to come back before the year is up and then have them file an I-131 for her before she leaves again. That way she won't have any issues coming back if she does decide to come back.



Diana

If this is her first trip abroad, she will probably be re-admitted just fine, assuming she her records show her to be admissible and she has no new criminal convictions, health issues, etc. that they know about.

However, this kind of travel pattern could lead to exactly the bigger part of what I was talking about---eventually being charged into removal preceedings for having abandoned her U.S. residence and not being entitled to returning resident status. USCIS could also deny her a re-entry permit if she applies for one immediately when getting back and then leaves again after applying. But yes, for now, you can probably use the permanent resident status to re-enter the U.S. until USCIS has enough evidence to take it away. At that point, if she really just wants to visit the U.S., applying for a visitor's visa if/when she actually wants to visit should be pretty easy to get (but not guaranteed, of course) since the Service and/or an Immigration Judge have pretty much determined she has a residence abroad.

Guys, as my mom had to leave on 2/29 due to some urgent issues that she needs to take care of and she won't be able to come back before Jan 2009. And, that's why I was worried if that would cause her any problem. I read on the UCSIS news website that says "The I-131 instructions also provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States."

Seeing this, I went to the USCIS office in Chicago to verify this info and explained the officer the situation and asked her this question. She said that she is not aware of any such rule or new rule that requires a PR to submit biometrics. I told her I saw it on the USCIS website and she quickly replied "I don't like the website and gave me an I-131 form and said all the instructions are in here. And, further told me to ge ahead and file it, and said that my mom should be ok". Now, this has made me so confused now and I don't know what to do. The form she gave me is probably an older version that doesn't have any mention of biometrics in it. Please advise!

Source: USCIS

It is the POE that deal with re-admission.

I have a friend who had a really hard time re-enterng after a 5 month absence. He had been a PR for 15 years, so that persuaded him to get Citizenship.

Impossible to generalise, best to consult a Lawyer familiar with abandonment issues.