Question about I-131 for less than a year out of country

[jalevy03 0]

Hi everyone,

Sorry to rehash this question, but I'm still a bit confused on when to apply for an I-131 reentry permit. My wife is a green card holder, and she got her 10-year card in 2010. We'll be spending about 11 months in Micronesia and Japan for research for my graduate program. It seems to me that it's fairly clear we don't intend to relocate permanently. I can get documentation from my university stating the trip is temporary, we have all of our things in storage in Illinois, we'll continue to pay US taxes, and so on. But would it still be wise to apply for an I-131? Time is a bit short now (we've leaving the country on August 6), and I realize I should have gotten to this sooner. But I'd appreciate any guidance here. Thanks!

[Robisons 91]

Hi everyone,

Sorry to rehash this question, but I'm still a bit confused on when to apply for an I-131 reentry permit. My wife is a green card holder, and she got her 10-year card in 2010. We'll be spending about 11 months in Micronesia and Japan for research for my graduate program. It seems to me that it's fairly clear we don't intend to relocate permanently. I can get documentation from my university stating the trip is temporary, we have all of our things in storage in Illinois, we'll continue to pay US taxes, and so on. But would it still be wise to apply for an I-131? Time is a bit short now (we've leaving the country on August 6), and I realize I should have gotten to this sooner. But I'd appreciate any guidance here. Thanks!

I just accidentally abandoned my green card by studying abroad. I paid US taxes, am studying on a Federal student loan and my only bank accounts are still open in the US. I'm also married to a US citizen and have a US citizen child.

I was in the UK for over a year when I found out, but not much more than a year. I was told that you should always have one for trips over 6 months long. However, if you do return after less than a year your wife will likely be okay if you make sure you have proof that it was only temporary.

Best of luck.

[Hypnos 6,576]

With a timeline that close, obtaining a re-entry permit would, I think, be a really good idea.

The problem will be that even if you applied tomorrow, you may not receive a biometrics appointment before you leave the US. You could have the re-entry permit itself sent to a US post overseas without issue, but if you failed to attend the biometrics then it would be automatically denied.

And as stated by the poster above, as soon as you're outside of the US for 365 days without a re-entry permit then your green card is essentially gone, in the overwhelming majority of cases.

Edited July 18, 2014 by Hypnos

[jalevy03 0]

I just accidentally abandoned my green card by studying abroad. I paid US taxes, am studying on a Federal student loan and my only bank accounts are still open in the US. I'm also married to a US citizen and have a US citizen child.

I was in the UK for over a year when I found out, but not much more than a year. I was told that you should always have one for trips over 6 months long. However, if you do return after less than a year your wife will likely be okay if you make sure you have proof that it was only temporary.

Best of luck.

That's scary stuff! Can I ask who told you you should always have an I-131 for trips over 6 months?

We'll have a letter from my department, taxes paid in the US, a US driver's license for her, US bank accounts, something indicating that all of our stuff is in storage in Illinois, and hopefully a letter or two from the US/Japanese embassies in Micronesia. We'll also definitely be abroad for less than a year. Is there anything else we can do?

Also, we'll be transiting through Guam about a month before we come back to the mainland -- possible staying there for a week. That doesn't impact the rest of this, does it?

[jalevy03 0]

With a timeline that close, obtaining a re-entry permit would, I think, be a really good idea.

The problem will be that even if you applied tomorrow, you may not receive a biometrics appointment before you leave the US. You could have the re-entry permit itself sent to a US post overseas without issue, but if you failed to attend the biometrics then it would be automatically denied.

And as stated by the poster above, as soon as you're outside of the US for 365 days without a re-entry permit then your green card is essentially gone, in the overwhelming majority of cases.

If we were to get assigned a biometrics appointment after August 6 and the application was denied, would that impact our ability to come back into the country? And I assume we'd lose the entire fee in that case?

[Hypnos 6,576]

If you failed to attend the biometrics then only the I-131 would be denied, and you would forfeit the fee.

For trips abroad lasting between six and twelve months, CBP may require the alien to demonstrate that they haven't abandoned their permanent residence in the US. Continuing to file US taxes, maintaining a residence, mailbox, bank account, would all be ways to show this. It's also possible they would just wave her through without asking to see anything; it's impossible to know until your wife attempts to enter on that day.

Edited July 18, 2014 by Hypnos

[jalevy03 0]

If you failed to attend the biometrics then only the I-131 would be denied, and you would forfeit the fee.

I realize it would have been safer had we started this a few weeks ago, but as it stands I'm not really inclined to spend more than $400 on the possibility that we'd be able to get a biometrics appointment (and why can't they use the other three we've already done?) on the possibility that our evidence of maintaing residency won't be accepted. We'll absolutely be back in the US in less than one year -- we wouldn't risk staying out longer. Is there anything else we can do now to help this along?

Also, should we be filing an AR-11 once we're out of country? I notice you can indicate a temporary visit, and that the Federated States of Micronesia is listed along with all of the US states (the FSM is freely associated with the US, but it's an independent nation). Would it help to indicate on the AR-11 that our overseas address is temporary?

[Robisons 91]

That's scary stuff! Can I ask who told you you should always have an I-131 for trips over 6 months?

We'll have a letter from my department, taxes paid in the US, a US driver's license for her, US bank accounts, something indicating that all of our stuff is in storage in Illinois, and hopefully a letter or two from the US/Japanese embassies in Micronesia. We'll also definitely be abroad for less than a year. Is there anything else we can do?

Also, we'll be transiting through Guam about a month before we come back to the mainland -- possible staying there for a week. That doesn't impact the rest of this, does it?

Any GC holder outside of the US for 6 months must be given additional scrutiny on their entry back into the US. I was told about the re-entry permit for trips of 6 months or more being a good idea by a US immigration lawyer/friend of mine.

If you do not have time to get a reentry permit, just be prepared to have proof -- which it sounds like you have. Before a year, the worst that can happen (I believe) is that your wife is given a court date to see an immigration judge to determine if the trip was temporary -- which it clearly is. She will be allowed to be in the country during that time and the fact that she's accompanying you abroad will likely go a long way. It's just a bit of a headache.

If you end up there for over a year, you can pay for a waiver at the border if the immigration officer offers one.

I wouldn't stress too much. Just be prepared for questioning.

[Hypnos 6,576]

I'm not really inclined to spend more than $400 on the possibility that we'd be able to get a biometrics appointment (and why can't they use the other three we've already done?) on the possibility that our evidence of maintaing residency won't be accepted.

Also, should we be filing an AR-11 once we're out of country? I notice you can indicate a temporary visit, and that the Federated States of Micronesia is listed along with all of the US states (the FSM is freely associated with the US, but it's an independent nation). Would it help to indicate on the AR-11 that our overseas address is temporary?

Biometrics are valid for 15 months, so if your wife already had valid biometrics on-file then USCIS would likely re-use those instead of giving her a new appointment. Unsure as to the AR-11.

Any GC holder outside of the US for 6 months must be given additional scrutiny on their entry back into the US.

If you end up there for over a year, you can pay for a waiver at the border if the immigration officer offers one.

They may be given additional scrutiny, but it's certainly not "must".

Exactly what waiver are you talking about?

Edited July 18, 2014 by Hypnos

[Robisons 91]

Biometrics are valid for 15 months, so if your wife already had valid biometrics on-file then USCIS would likely re-use those instead of giving her a new appointment. Unsure as to the AR-11.

They may be given additional scrutiny, but it's certainly not "must".

Exactly what waiver are you talking about?

Absolutely.

The waiver is a I-193. It waives the need for a valid visa when the GC has expired, but it's pricey and can only be applied for at the port of entry.

[Hypnos 6,576]

I have literally never heard of an I-193 before. On the surface I'm not sure it could be used to overcome being outside of the US for over a year without a re-entry permit.

In most circumstances USCIS would parole the alien into the US, and give them a Notice To Appear in immigration court where they would ask the immigration judge to revoke their green card. We're talking hypotheticals here though.

Edited July 18, 2014 by Hypnos

[jalevy03 0]

Any GC holder outside of the US for 6 months must be given additional scrutiny on their entry back into the US. I was told about the re-entry permit for trips of 6 months or more being a good idea by a US immigration lawyer/friend of mine.

If you do not have time to get a reentry permit, just be prepared to have proof -- which it sounds like you have. Before a year, the worst that can happen (I believe) is that your wife is given a court date to see an immigration judge to determine if the trip was temporary -- which it clearly is. She will be allowed to be in the country during that time and the fact that she's accompanying you abroad will likely go a long way. It's just a bit of a headache.

If you end up there for over a year, you can pay for a waiver at the border if the immigration officer offers one.

I wouldn't stress too much. Just be prepared for questioning.

Thanks for this. That's very helpful. I'm just a bit of a worrier, and normally I'd be on top of this -- but as it happened I remembered the part about picking up the I-131 at a foreign embassy and forgot the part about the biometrics. We'll prepare as much as we can for further questions.

There is one more little thing. We're making a short stopover in Guam around month 9 of the trip -- either a few hours to transit to Japan or a few days to do some additional research. Will USCIS in Guam be likely to let us pass through without too much trouble, or should we be prepared to go through questioning both in Guam and when we get back to the mainland?

[Robisons 91]

I have literally never heard of an I-193 before. On the surface I'm not sure it could be used to overcome being outside of the US for over a year without a re-entry permit.

In most circumstances USCIS would parole the alien into the US, and give them a Notice To Appear in immigration court where they would ask the immigration judge to revoke their green card. We're talking hypotheticals here though.

I had never heard of it either, but I was informed that many in the same situation as me had been successful in requesting one at the border. I was too scared to attempt it and just had my husband file the I-130 again -- i'm surprised he hasn't killed me yet!

So many hypotheticals! I suppose, in practice, that's a good thing but if you're anything like me, I like certainty.

[Robisons 91]

Thanks for this. That's very helpful. I'm just a bit of a worrier, and normally I'd be on top of this -- but as it happened I remembered the part about picking up the I-131 at a foreign embassy and forgot the part about the biometrics. We'll prepare as much as we can for further questions.

There is one more little thing. We're making a short stopover in Guam around month 9 of the trip -- either a few hours to transit to Japan or a few days to do some additional research. Will USCIS in Guam be likely to let us pass through without too much trouble, or should we be prepared to go through questioning both in Guam and when we get back to the mainland?

I am a worrier too. Which is why I surprised myself when I didn't get an I-131. I think preparing for a trip abroad for research/study is enough without having to worry about things like this, which is why it probably slipped our minds!

I will have to pass on the Guam question to someone else as i'm not sure of the set up.

I wish you luck with your research. I have doctoral research set to begin in the US as soon as I get ethical approval and my new visa!

[jalevy03 0]

I am a worrier too. Which is why I surprised myself when I didn't get an I-131. I think preparing for a trip abroad for research/study is enough without having to worry about things like this, which is why it probably slipped our minds!

I will have to pass on the Guam question to someone else as i'm not sure of the set up.

I wish you luck with your research. I have doctoral research set to begin in the US as soon as I get ethical approval and my new visa!

That's so true! I've been squirreled away in the archive for months and figuring out all sorts of doctor's appointments and preparations. This one just slipped through the cracks. Good luck with your research as well!