Re-entry Permit (I-131) for LPR

[joshsinghvirk 4]

Hello,

I am plannig to stay outside the US for 15 months due to some family issues and as suggested by someone i know i applied for Re-entry permit last month. I am going for my Biometrics next week; therefore, i have few questions:

1. Is it true having a re-entry permit doesn't guarantee a LPR to stay outside the US for more than 6 months? Immigration lawyer told me it's better to come before 6 months???

2. I asked the USCIS to send the permit to my address in the US but now i am planning to leave the US after my Biometrics. (I asked one of my family member who is coming to my home country beginning next year to bring along my permit) is that ok.

3. What is the time period to get the Re-entry permit after Biometrics?

4. Any other details regarding my situation will be highly appreciated.

 

Thank you

[Dee elle 1,368]

I can only answer a couple of your points.. 

1. No one apart from a USC ever  has a guaranteed entry to the US, ... but... the reentry permit enable you to be away for up to 2 years... no need to worry about being way for 13 months, 

2. Don't know if it's too late now to redirect, but you can request that the permit be sent to the Consulate in the country you are travelling to..

3. Check the USCIS processing time on their website for the normal time for the reentry permit. 

4. You have done the right thing. 

[JFH 12,189]

Didn't you already spend several months in India earlier this year? 

 

you are at serious risk risk of losing your LPR status. 

 

[joshsinghvirk 4]

1 minute ago, JFH said:

Didn't you already spend several months in India earlier this year? 

 

you are at serious risk risk of losing your LPR status. 

 

I was there for 5 months, that's why i am applying for re-entry because i need to be there for another long stay. Can you please educate me how i am at the serious risk of losing LPR status?

Thanks for your response!

[JFH 12,189]

Just now, joshsinghvirk said:

I was there for 5 months, that's why i am applying for re-entry because i need to be there for another long stay. Can you please educate me how i am at the serious risk of losing LPR status?

Thanks for your response!

Because you are not spending the majority of your time in the US. We are barely into the 8th month of the year and you have already been out of the country for at least 5 months and now you're planning 15 months out of the country. Do you have a job here? 

 

A green card is for residence in the USA. As such, you are expected to spend the majority of your time here. Not in India with occasional trips to the USA. 

 

[JFH 12,189]

*~*~*moved from "DCF" to "working and traveling"*~*~*

[joshsinghvirk 4]

Just now, JFH said:

Because you are not spending the majority of your time in the US. We are barely into the 8th month of the year and you have already been out of the country for at least 5 months and now you're planning 15 months out of the country. Do you have a job here? 

 

A green card is for residence in the USA. As such, you are expected to spend the majority of your time here. Not in India with occasional trips to the USA. 

 

I have been living in the US since 2006 and never made such a long stay outside the US. My job is remote, so it's not a issue. 

[JFH 12,189]

It doesn't matter about the past. What matters is that in the 24-month period from January 2018 to December 2019 you will have spent only 4 months at most in the USA, by your own admission. Good luck convincing CBP upon return that you are maintaining residency. 

[joshsinghvirk 4]

1 minute ago, JFH said:

It doesn't matter about the past. What matters is that in the 24-month period from January 2018 to December 2019 you will have spent only 4 months at most in the USA, by your own admission. Good luck convincing CBP upon return that you are maintaining residency. 

So what you will recommend? Stay in the US for rest of this year or should i just cancel going to India and forget about utilizing re-entry permit? 

Thanks once again!

[TM92 527]

58 minutes ago, joshsinghvirk said:

Immigration lawyer told me it's better to come before 6 months???

26 minutes ago, joshsinghvirk said:

So what you will recommend?

Did you mention your recent 5 month trip to the lawyer? If yes, maybe that is why the lawyer told you to only take a short trip. As @JFH mentioned, CBP will take into account the totality of the circumstances when they decide whether or not to allow you entry.

Edited August 11, 2018 by TM92

[joshsinghvirk 4]

Just now, TM92 said:

Did you mention your recent 5 month trip to the lawyer? If yes, maybe that is why the lawyer told you to only take a short trip.

Haha, 5 months outside the US. Trip to a lawyer for 5 months will be quite expensive too. 😛