Filing I-131 Reentry Permit and leaving directly after

[ordjnb 39]

Planning a bit ahead here seeing as my parent's haven't been approved for their I-130 yet. 

For a couple of reasons, my parents are not able to live in the US quite yet, at least not for the next 2-3 years. But we would like to apply for and keep their green cards valid, so here is my plan:

1. Day 1 - Parents complete consular processing and receive their visa packet and enter the US
2. Day 1 -  I use their I-551 stamp and mail out an application for their I-131 Reentry permits for next day delivery. Since they need to be within the US during the time of the application
3. Day 2 – USCIS receives their I-131
4. Day 4 – Parents leave the US

Whenever I get the biometrics appointment letter, my parents will come back in for fingerprinting and leave again.

Does this makes sense? In particular between Day 2 and 4, worried that they might get officially processed Day 5 but they have already left the country. Any risks involved? Thoughts?

[Boiler 43,434]

Delay the process until they are ready.

[Just Paul 4,591]

At what point are they intending to immigrate?

[ordjnb 39]

Ideally yea, and that would save money as far as I131's go but the reason they need to do this is because I have a sibling with special needs who also needs an I130 petioned, and me doing it will take twice as long. But I didn't write this to get advice on something I didn't ask about from people who don't understand the personal reasons why I'm going about things this way. 

[ordjnb 39]

Just now, Paul & Mary said:

At what point are they intending to immigrate?

Again 2 to 3 years. It's basically a process of divesting, in two different countries, and preparing my sibling to be taken care of while they will have to immigrate here more permanently. 

[Just Paul 4,591]

A re-entry permit is usually good for upto 2 years.

[payxibka 10,044]

Way to many points for failure in current plan 

[ordjnb 39]

1 minute ago, payxibka said:

Way to many points for failure in current plan 

Right, can you help point out where? Im thinking the biggest sticking point is the time they will leave after applying and when uscis will have recieved an issued an NOA1 for the I131

[Sparky11564 14]

The purpose of the exercise is to become a US Citizen. If they don’t or won’t live here why bother? Border agents have the right to refuse ANYONE, even US citizen tye right to entry. If they play this shell game, snd I was a border patrol agent, it would definitely raise a red flag for me. Why don’t you just wait until they are capable of living here? Maybe im missing something but you sound shady to me already 

[aaron2020 11,651]

2 minutes ago, Sparky11564 said:

The purpose of the exercise is to become a US Citizen. If they don’t or won’t live here why bother? Border agents have the right to refuse ANYONE, even US citizen tye right to entry. If they play this shell game, snd I was a border patrol agent, it would definitely raise a red flag for me. Why don’t you just wait until they are capable of living here? Maybe im missing something but you sound shady to me already 

Chill with the scare tactics.  Border agents do not the right to entry to a US citizen.  

[ordjnb 39]

1 minute ago, Sparky11564 said:

The purpose of the exercise is to become a US Citizen. If they don’t or won’t live here why bother? Border agents have the right to refuse ANYONE, even US citizen tye right to entry. If they play this shell game, snd I was a border patrol agent, it would definitely raise a red flag for me. Why don’t you just wait until they are capable of living here? Maybe im missing something but you sound shady to me already 

Feel free to read the above posts by me for more information on why.

 

This site has been a great source of information, but I also noticed people like you who aren't really helpful and don't answer the question at hand. 💁‍♂️

[aaron2020 11,651]

10 minutes ago, ordjnb said:

Right, can you help point out where? Im thinking the biggest sticking point is the time they will leave after applying and when uscis will have recieved an issued an NOA1 for the I131

The main problem would be maintaining ties to the US.  A Re-Entry Permit doesn't allow the time outside the US to be counted against an LPR as long as the person is maintaining ties to the US.  Your parents after 4 days would not have any ties to the US.  

You will have to rethink your plan.  You know it doesn't pass the smell test. 

[azblk 338]

Have you thought of doing staggered petitions for your parents? You said you have a brother with special needs - will he pass the medical/public charge scrutiny?

[ordjnb 39]

1 minute ago, aaron2020 said:

The main problem would be maintaining ties to the US.  A Re-Entry Permit doesn't allow the time outside the US to be counted against an LPR as long as the person is maintaining ties to the US.  Your parents after 4 days would not have any ties to the US.  

You will have to rethink your plan.  You know it doesn't pass the smell test. 

Right, so establish ties to the US, and in what ways can they do that without having to move here immediately? I think there is a section in the I131 where you can outline reasons why you need the document. 

 

And just for clarification for anyone else: 

 

1. I'm not asking if I should apply for my parents green card or not so post #2 from Boiler is useless

2. I never indicated that my parents don't want to settle here permanently, they do and will, but can't in the short term for the reason I laid out

3. They have to have a green card sooner than later for the reason I laid out

 

I don't need to get into my detail about my family's personal situation, but would like advice on my plan in post 1. 

[Lil bear 3,831]

1 hour ago, ordjnb said:

Planning a bit ahead here seeing as my parent's haven't been approved for their I-130 yet. 

For a couple of reasons, my parents are not able to live in the US quite yet, at least not for the next 2-3 years. But we would like to apply for and keep their green cards valid, so here is my plan:

1. Day 1 - Parents complete consular processing and receive their visa packet and enter the US
2. Day 1 -  I use their I-551 stamp and mail out an application for their I-131 Reentry permits for next day delivery. Since they need to be within the US during the time of the application
3. Day 2 – USCIS receives their I-131
4. Day 4 – Parents leave the US

Whenever I get the biometrics appointment letter, my parents will come back in for fingerprinting and leave again.

Does this makes sense? In particular between Day 2 and 4, worried that they might get officially processed Day 5 but they have already left the country. Any risks involved? Thoughts?

I agree with the challenges of being seen to maintain intent. I know you’ve not asked for other options .. so ignore below if desired 

What about slowing down the NVC process once the petitions are granted and reach the NVC. Drip feed the paying of fees, completion of DS260 and the submission of documents over a 2 year period .. slowing for the other needed I130 petition to catch up. ? 

Edited July 29, 2019 by Lil bear