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jacobson00

Dilemma with father new PR: Reentry permit required

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My father - 71yrs old -  was recently admitted to the US just last month as an IR5. His actual  green card has not arrived yet. But he needs to go back to his original country in July and is sure he may have to stay over a year. His wife (not my mother) still lives there and his taking care of her sick mother which he helps her with.  
 
1-Can he apply for a reentry permit so soon before leaving? 
2-how likely is it to be approved? What's the timeline?
3-What kind of proof , justification should be he  provide?
 
He applied for a regular B1 visa  after his 10 yrs bar but was denied twice.  So, we went to such trouble to get an IR5 approved because he once lived in the US but now it seems the green card wasn't appropriate for him. It's so ironic that when he lived illegally in the us for over 20 yrs he was dreaming of having it. 
I am anticipating he might one day lose it, what if he voluntarily renounces it and try a visa again? Most likely it would be denied. ohh gosh! 
 
what are our options?

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He can travel on the I-551 stamp  on his visa but that is only good for 1 year from entry.

His Green card should arrive by July.

 

Regardless he can apply for a re entry permit, the sooner the better.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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5 minutes ago, Paul & Mary said:

He can travel on the I-551 stamp  on his visa but that is only good for 1 year from entry.

His Green card should arrive by July.

 

Regardless he can apply for a re entry permit, the sooner the better.

I am not sure i understand. He can travel with the stamp on his passport and stay for like 10 months? Can he stay 11 months?Live in July and come back in April 2020?

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3 minutes ago, jacobson00 said:

 I am not sure i understand. He can travel with the stamp on his passport and stay for like 10 months? Can he stay 11 months?Live in July and come back in April 2020?

The stamp act as a temporary green card and is good for one year after issue.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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39 minutes ago, jacobson00 said:

I am not sure i understand. He can travel with the stamp on his passport and stay for like 10 months? Can he stay 11 months?Live in July and come back in April 2020?

Yes.  When you look at the Visa, you will see this note.

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55 minutes ago, jacobson00 said:

He can travel with the stamp on his passport...

Yes https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

1 hour ago, jacobson00 said:
1-Can he apply for a reentry permit so soon before leaving? 
2-how likely is it to be approved? What's the timeline?
  1. He files the I-131 and waits for the biometrics letter (about 3 weeks)
  2. He goes to the biometrics appointment. Or he can try an early walk-in: https://www.visajourney.com/forums/topic/367977-thinking-of-early-walk-in-for-biometrics/?page=15
  3. He leaves the country.
  4. When the Reentry permit is issued it'll be sent to your US address.
  5. You send it to him by mail or courier.

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2 hours ago, jacobson00 said:

I am not sure i understand. He can travel with the stamp on his passport and stay for like 10 months? Can he stay 11 months?Live in July and come back in April 2020?

Stays outside the US of over 6 months but less than 12 months may raise the question of his domicile in the US. 

Yes he can apply for a reentry permit now. It would enable him to be away for up to 2 years .. and by then he may have a more settled  idea of where he needs to reside. If he chooses the US, that is still available for him.. if he decides on his home country then he can relinquish the GC then. Applying for a tourist visa after relinquishing the GC is definitely possible. We did this between our first stay in the US and current residency here. My  heart goes out to you ... it’s hard for him and it’s hard for you 

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