i-131 Re-entry Permit Gotchas?

[mark2700 0]

Hello all! I got my LPR last week and am planning to go to Canada for an extended period of time while I temporarily work remotely. I will retain a lease and my employment here in the USA. I have a few questions!

1) I got my i-551 in the mail last week but it says it could take up to 3 weeks to send me my PR card. Should I wait to get my PR card before I leave the country?

2) I need to file my i-131 as I may be gone from the country until next June. What kinds of reasons would be considered legitimate/unsuspicious for leaving? I intend to go abroad to temporarily work remotely while spending time with girlfriend and family.

3) Are there any gotchas on the i-131? I'm going to read the instructions 10 times through, but if you know of any things that cause problems, let me know.

 

My plan is to file the i-131, go to Canada, monitor my mail (my roommate will watch for my letter for biometrics appt ), return to the USA when I have to do my biometrics appt, complete it, go back to Canada, and have them send the re-entry permit to a consulate in Canada.

 

Does this plan sound solid? Thank you so much Visajourney folks.

[HRQX 4,145]

1 hour ago, mark2700 said:

1) I got my i-551 in the mail last week but it says it could take up to 3 weeks to send me my PR card. Should I wait to get my PR card before I leave the country?

What exactly did you already receive? The PR card is the I-551 document; below is the back of PR card:

The other possible I-551 is a stamp inside your Canadian passport:

[mark2700 0]

My bad. I got a I-797 stating I'd get my PR card (i-551) in the mail. Oops.

 

For my i-131, I want to have it sent to the Toronto US Consulate in Canada. What should I Put in the "in care of" field when writing the Toronto US consulate's address?

[HRQX 4,145]

1 hour ago, mark2700 said:

For my i-131, I want to have it sent to the Toronto US Consulate in Canada. What should I Put in the "in care of" field when writing the Toronto US consulate's address?

For Part 1: Put your current US address.

 

For Part 2: Leave 2.a. through 2.p. blank. Those are only for individuals that select 1.f. You will select 1.a.

 

For Part 3: Fill out 6., 6.a., and 6.b. Also, select 9. and provide your Canadian contact info for 10.a. through 10.j. for pick-up notification.

 

All "In Care Of" boxes you can leave blank.

[mark2700 0]

On 8/16/2020 at 3:00 AM, HRQX said:

For Part 1: Put your current US address.

 

For Part 2: Leave 2.a. through 2.p. blank. Those are only for individuals that select 1.f. You will select 1.a.

 

For Part 3: Fill out 6., 6.a., and 6.b. Also, select 9. and provide your Canadian contact info for 10.a. through 10.j. for pick-up notification.

 

All "In Care Of" boxes you can leave blank.

Thank you so much!

 

As for Part 4: Information about your Proposed Travel - are there any things that are good or bad to write there? 

For example, I'm planning to go see my parents, help ease them into retirement, and work remotely for a temporary period of time. I figure anything that implies I plan to stay there would be bad to write (ie, work remotely), but I'm wondering what's seen as acceptable or a good reason. Any hints there?

[HRQX 4,145]

30 minutes ago, mark2700 said:

As for Part 4: Information about your Proposed Travel - are there any things that are good or bad to write there?

Page 9 of the instructions imply that Part 4 is only for DACA-based Advance Parole applicants: https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf So, you don't have to fill it out.

[SusieQQQ 11,584]

On 8/12/2020 at 1:41 PM, mark2700 said:

2) I need to file my i-131 as I may be gone from the country until next June

You don’t need a re-entry permit if you’ll be gone less than a year.  
 

Separately, I personally wouldn’t leave without either an actual green card or an i551 stamp in my passport. 

[mark2700 0]

On 8/25/2020 at 4:48 PM, SusieQQQ said:

You don’t need a re-entry permit if you’ll be gone less than a year.  
 

Separately, I personally wouldn’t leave without either an actual green card or an i551 stamp in my passport. 

I spoke to a few lawyers and they all recommend having a re-entry permit for any period more than 6 months.

 

 

 

On 8/25/2020 at 2:55 PM, HRQX said:

Page 9 of the instructions imply that Part 4 is only for DACA-based Advance Parole applicants: https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf So, you don't have to fill it out.

Hmm, there is an implication, but no explicit instruction like:

 

FILL THIS PART OUT ONLY IF ______________ 

 

Are you *sure* I wouldnt' have to file a reason for my re-entry permit?

 

[SusieQQQ 11,584]

29 minutes ago, mark2700 said:

I spoke to a few lawyers and they all recommend having a re-entry permit for any period more than 6 months.

 

They would probably like to charge you to fill it out, too. Well, this is what the official uscis information on a REP says:

https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

A lawful permanent resident (LPR) normally may travel outside the United States and return; however, there are some limitations. A reentry permit can help prevent two types of problems:
• Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United States for 1 year or more.
• Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country.

 

If you are spending your 9 or so months out “residing” elsewhere (not having a US abode in your absence, getting a permanent home and job in your home country  etc) then I guess yes you may feel more comfortable having a REP. But, the bolded bit is what is normally used, and you will find that in a number of other official uscis pages, example 

 

,.... you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. ...

..... If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131.  https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident

 

There are a number of situations wherein an alien may apply for a reentry permit, including:
· A resident alien who intends to remain outside the U.S. for a period of more than one year but no longer than two years and who does not intend to abandon residence in the U.S. may apply in order to establish his or her intention to return to the U.S. after his or her temporary absence from this country. https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm52-external.pdf (Page 3, the other uses of a REP they mention are those who want to use a REP in lieu of a home country passport)

Again, all of these are official USCIS pages. 
 

 

 

 

 

 

Edited August 27, 2020 by SusieQQQ

[mark2700 0]

6 hours ago, SusieQQQ said:

They would probably like to charge you to fill it out, too. Well, this is what the official uscis information on a REP says:

https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

A lawful permanent resident (LPR) normally may travel outside the United States and return; however, there are some limitations. A reentry permit can help prevent two types of problems:
• Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United States for 1 year or more.
• Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country.

 

Got it. I mean, that is technically true, but it seems like it's the safer thing to generally follow that 6 month rule? I don't know. All the lawyers I spoke to said the same thing about 6 months.

 

 

That being said, I got another question now:

What would my Class of Admission be? On my green card, it says E37 under the Category section. I last entered the US on an H1B visa.

[HRQX 4,145]

1 hour ago, mark2700 said:

What would my Class of Admission be?

E37 https://www.dhs.gov/immigration-statistics/lawful-permanent-residents/ImmigrantCOA

[SusieQQQ 11,584]

4 hours ago, mark2700 said:

Got it. I mean, that is technically true, but it seems like it's the safer thing to generally follow that 6 month rule? I don't know. All the lawyers I spoke to said the same thing about 6 months.

 

 

 

I have never heard of anyone refused entry (including my own family, 11 months out) for under a year absence but hey if it makes you happier to do it and trust “all the lawyers you spoke to” (why are you talking ti so many lawyers?!) rather than official policy,  it’s only $660 and god knows how long to wait for bio now, to get it done for your peace of mind. You gotta do what makes you happy, if it makes you more comfortable go ahead. don’t get annoyed when the cbp Officer isn’t interested in it on your reentry though  
 

Edited August 27, 2020 by SusieQQQ

[mark2700 0]

16 hours ago, SusieQQQ said:

I have never heard of anyone refused entry (including my own family, 11 months out) for under a year absence but hey if it makes you happier to do it and trust “all the lawyers you spoke to” (why are you talking ti so many lawyers?!) rather than official policy,  it’s only $660 and god knows how long to wait for bio now, to get it done for your peace of mind. You gotta do what makes you happy, if it makes you more comfortable go ahead. don’t get annoyed when the cbp Officer isn’t interested in it on your reentry though  
 

Oh, that's very good to know. I appreciate you telling me that. I spoke to a lot of lawyers because I was trying to find one that I liked - someone who was knowledgeable about the immigration process (for an i-130 I plan to file for spouse). I think I've spoken to 4 or 5 now - just consultations. I've found one that I like now - thankfully.

 

Nah, I won't be mad. I see this more as insurance. I do appreciate your help a ton. Thank you Susie!

 

 

[mark2700 0]

16 hours ago, SusieQQQ said:

I have never heard of anyone refused entry (including my own family, 11 months out) for under a year absence but hey if it makes you happier to do it and trust “all the lawyers you spoke to” (why are you talking ti so many lawyers?!) rather than official policy,  it’s only $660 and god knows how long to wait for bio now, to get it done for your peace of mind. You gotta do what makes you happy, if it makes you more comfortable go ahead. don’t get annoyed when the cbp Officer isn’t interested in it on your reentry though  
 

Follow up on my post - on the USCIS site (https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3) it says this for absences greater than 6 months but less than 1 year:

 

==========

1. Absence of More than 6 Months (but Less than 1 Year)

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.^[12] This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.^[13]

An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such evidence may include, but is not limited to, documentation that during the absence:^[14]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad;

• The applicant’s immediate family members remained in the United States; and

• The applicant retained full access to or continued to own or lease a home in the United States.

 

==========

Since I will have continued my employment AND I'll have retained my lease for my home in the USA, I think this is more than enough grounds to show that I am retaining my permanent residence in the US. Will having my car registration/insurance/evidence of contact with frineds in the US also be helpful if I'm ever questioned?

 

 

[SusieQQQ 11,584]

8 hours ago, mark2700 said:

Follow up on my post - on the USCIS site (https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3) it says this for absences greater than 6 months but less than 1 year:

 

==========

1. Absence of More than 6 Months (but Less than 1 Year)

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.^[12] This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.^[13]

An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such evidence may include, but is not limited to, documentation that during the absence:^[14]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad;

• The applicant’s immediate family members remained in the United States; and

• The applicant retained full access to or continued to own or lease a home in the United States.

 

==========

Since I will have continued my employment AND I'll have retained my lease for my home in the USA, I think this is more than enough grounds to show that I am retaining my permanent residence in the US. Will having my car registration/insurance/evidence of contact with frineds in the US also be helpful if I'm ever questioned?

 

 

This is a different issue than keeping your green card. This is regarding the continuous residence requirements for naturalization. However you can be confident that if you meet the conditions to rebut the presumption of a break in continuous residence then you will certainly not have a problem re-entering, as the requirements for doing this are more stringent than the requirements for maintaining your green card. Which, again, is a requirement to return with less than a year’s absence. (But don’t forget to file your tax return either.)
 

Edited August 28, 2020 by SusieQQQ