gnasa

Hello All,

I need to obtain some police records certificates from Italy for an immigration application.

While I can theoretically write to the judicial records office in Rome to obtain these, my Italian language skills are poor at best, I have little faith in the bureaucracy functioning and the instructions are not clear or, quite frankly, feasible. (instructions attached) There are literally no banks that I can obtain a bank check from in Australia with a corresponding branch in Italy. HSBC-nope, will only issue a bank check if I have an account and a min amount of $1k. ING - min amount of $1K...

There is an option of an individual obtaining these in Italy for me (I can designate a proxy on the forms, example attached) at any judicial records ("procura della repubblica") location. Services I've contacted have quoted me insane numbers for the ~20 euro certificates! It would be so much simpler if someone could help me out and be willing to obtain these and send the originals to me. Of course I'd pay all the expenses and make it worth their while. Let me know if you can assist me.

Regards,

GNASA

INFO INGLESE 1.pdf

modello5ENG.pdf

Dear Original Poster (OP),

AFTER you get your green card and possibly a re-entry permit and IF your husband is working abroad with UN/American company/etc... You should definitely look into expeditious naturalization via 319(b) if you want to become a US citizen relatively quickly. If you're eligible for 319(b) it means you do not have to wait the 3 years to apply for citizenship because you obviously wouldn't pass the residency test for normal naturalization applications.

Best of Luck

Dear OP & others,

In my view, this type of situation is exactly what Re-Entry Permits are for and a little bit of insurance if one is suspected of abandoning residency. REP's are typically awarded for 2 years or until the date of expiration of your GC (whichever is earliest). A valid REP, as I understand it, prevents USCIS from using the time during its validity in it's assessment if you've maintained residency (a requirement of the GC). They can also be possibly renewed.

In order to apply for a REP you MUST be within the US during the application and during the biometrics appointment, but can travel as usual before-inbetween-after these 'times'. It is not 100% clear to me if biometrics can be postponed to a later date or if it's required to issue the REP.

You may also want to look into maintaining residency for immigration purposes. If you are out of US for >6 months, your residency time for citizenship resets to 0.

Hope this helps

Regarding Re-Entry Permit (REP) - a US Legal Permanent Resisdent needs to be inside the US when USCIS receives the application and for biometrics, the LPR can exit in between these or after. Typically biometrics are scheduled 4-6 weeks after an application is lodged. Biometrics can be accelerated via congressmen or 'early walk-in', I've used both of these tactics successfully, but cant really say anyone should rely on them.

Regarding your need for a REP - Let's say you travel for a X-mas holiday to LA/NY/Kansas/or even Montana(it's nice) and activate your LPR status. Get you passport stamped right away with I-551 or schedule an infopass appointment for this. Return to Oz. GC will be sent to your/uncle's US mailing address. Technically I don't think GC's can be legally mailed, but honestly just FedEx to Oz and I doubt this will cause any problem. You stay and work and wrap things up in Oz for some more time - I would try to keep this under 6 months.

Here's why - Although the USCIS says a LPR has 1 year, at 6 months out a LPR is thought to have reasonable suspicion of abandoned residency (residency is a requirement of the GC). I'm not sure how they view an LPR who gets status, departs to wrap things up in home country and then returns within 1 yr.

I would encourage you to understand all the variables and the entire process of the multiple scenarios your considering and possibly compromise your preferred timeline by getting GC, go back to Oz for <6mo, return to US without going through the REP process.

ultrasound000, you do not need a re-entry permit for just 3 weeks of travel. Your current expired GC coupled with the extension letter is fine to take short trips with. You also have extra insurance with the I-551 stamp which has a validity date on it.

REP's are for LPR's who are going to spend a large amount of continuous time out of US, like 8 months < time out < 2 years.

I think it's worth mentioning that I consider re-entry permits as good insurance for LPR's planning on being out of US for more than 6-months and an absolute requirement for more than 365 days (& <2 years).

Otherwise I think they are not needed as it should be relatively easy to prove the LPR's trip is temporary in nature and is 'maintaining residency'. (please note - a continued history of short visits to the US every 6 months could be viewed by USCIS as having abandoned residency though.)

I haven't heard of applying to remove conditions and a re-entry permit at the same time with reduced/waived fees, but that doesn't mean it's not a possibility. Possibly an infopass appointment could clarify things for you, don't hold your breath though...

Why were you told to have wife apply for REP?

I'll try to help clarify some points

Regarding length of time US LPR is outside of US, I feel these guidelines apply:

- if LPR is out of US for <6 months = generally no suspicion of abandoned residency

- if LPR has a continued pattern & history of 'visiting' US every 6 months (I'll guess something like 3 times) = some suspicion of abandoned residency

- if LPR is out of US for >6 but <12 months = some suspicion of abandoned residency

- if LPR is out of US for >12 months (365 continuous days) WITHOUT A RE-ENTRY PERMIT = automatic abandonment of residency/GC

I encourage you to educate yourself about the ways of maintaining residency and good evidence that helps with this.

Supposedly, USCIS does not use the timeframe during a valid Re-Entry Permit (REP) if they bring a case of suspected abandoned residency. REP's are generally issued for a validity of 2 yrs or until current visa status expires, whichever is earliest. They can be renewed under certain circumstances. Applicant must be in US when USCIS receives the application and for biometrics but can leave in-between and after. I do not have a good understanding of possible complications of obtaining a REP during the ROC process.

In your wife's case, I'd just follow the above guidelines and make sure she maintains 'residency' in the US in parallel with complying with all biometrics/interview requests for the ROC process. After approved I think the 10-yr card is mailed to you in the US. Technically I think it is illegal to mail a green card somewhere after that, but I really doubt it would be an issue if FedEx'ed to her if she's outside country when its issued.

Also, I'm trying to help and offer my point of view, but I'm not a lawyer so this may be incorrect.

I'd like to weigh in and offer my experience that may give some insight to OP.

My AU wife adjusted status (from F-1/student to GC) back in 2010. I was subsequently transferred for my work to Europe ~4 weeks after GC arrived. We ultimately obtained a re-entry permit (REP) a little less than 1 year after the transfer (I've posted another thread detailing why the delay). Essentially my wife was out of US for ~11 months without an REP and we entered TOGETHER without any issue. We ultimately received the REP which is valid until here conditional GC expires. ~8 months later we had another trip to the US. Even when armed with valid GC and REP (and new baby, joint US-AU citizen) border officer sent her to 2ndary processing and was quite rude to me when asking a simple question if I and baby should accompany my wife to the next 'station' (ah my wonderful tax dollars at work - entry at Boston Logan). Wife was admitted without any issues as her LPR is maintained and has a valid REP.

It is clearly a gamble as to the 'quality' of the border agent you encounter. They can make the experience very unpleasant but have little authority to actually take the GC away, that can be only done by a judge. There seems to be an unwritten 6-month rule that border agents follow - that is absences of <6 months = little suspicion LPR has abandoned residency, >6 months = reasonable suspicion LPR has abandoned residency, >1 year without REP = abandoned residency (this is written).

I think OP shouldn't have too much difficulty entering country with LPR spouse after 5-6 months provided they have some financial/social/business evidence that they 'intend to reside within the US permanently'. Eliminate 'visiting' from your vocabulary and replace it with 'staying in touch with friends/family' or 'attending job interview' or 'evaluating home purchase', don't lie but LPR needs to tailor responses carefully if scrutiny is applied. It's clear that in no way are you trying to get around GC requirements, life sometimes takes a little time to move to another country and USCIS sometime understands this.

Disclaimer - I'm not a lawyer, just a laymen trying to balance career & family & interests with global opportunities.

Hi Litte_My,

I agree with hmh33 that a Re-Entry permit is very good evidence your move abroad is temporary. It will come in very handy if at point of entry to US your faced with a belligerent rude uneducated USCIS officer, especially if your traveling without your US citizen spouse. Its just a little bit of insurance that will help if you face suspected abandonment of residency. It is not impossible to apply and do biometrics before you leave, but your spouse may need to contact their congressmen to expedite appropriately, once you receive biometrics appt notice lots of folks are successful with 'early walk-ins'. I'm speaking from direct experience with my wife's REP.

As you know, continuous residence for citizenship is broken after 6 months out of country and you have to start from 0 at that point.

Also, it is not entirely impossible to ROC from abroad, one just has to be in the USA to attend biometrics and interview (if scheduled).

I would just use a US address for all dealings with USCIS.

Best regards and keep us informed with what you decide to do.

I want to add another point of view.

My understanding of the conditional status of a LPR is due to USCIS following laws that are essecially suspicious a marriage is entered into solely to obtain LPR status. In an ROC application one needs to demonstrate that they are married and live together and have an ongoing relationship, and NOT that they've spent more time in the US than abroad. In fact within the i-175 instructions it specifically states one can apply to ROC from abroad, one just has to fulfill the biometrics and interview as if they were normally in the US. I feel one can supply evidence that they have an ongoing marriage and finances, no where does it say that a joint house lease has to be a US lease or that your only income has to be from a US employer.

With that said, it is important to maintain the intent to reside within the US when one holds a green card which can be demonstrated in ways that there is already lots of discussion/threads on.

I see it as a choice for folks who are temporarily living abroad and need to remove conditions (My wife is currently in the same boat and we've yet to decide).

- apply to remove conditions and fulfill biometrics/interview requirements. Note that we are currently armed with a re-entry permit, but its not clear to me what one should do if ROC app is processing but we still live temporarily abroad on a work assignment. I guess there is some risk that a determination of abandoned residency comes down like a hammer when they actually process the ROC app, has anyone heard of this happening?

- surrender GC and re-apply when your ready to move back to US. This has its own difficulty though as one may not reside in a DCF country and may not have either enough US assets/income or another US citizen for the affidavit of support required.

We're leaning towards abandoning the GC. It also doesn't appear we'll be able to use the DCF process to obtain a new one based on our location.

Before we abandon, I'd like to hear from folks who live/work abroad and strategies how they fulfill the affidavit of support for a new GC application. It seems to me that if your a US citizen living/working abroad and want to move back with your family to the USA, AND AVOID BEING SEPARATED FOR MONTHS/YEARS, you need to have significant financial assets in the US or have another US citizen sponsor your spouse.

Or you could look into obtaining a re-entry permit(s)....

Hello,

1 - It is OK to do a walk-in for biometrics appointments at a different facility than it is scheduled, just be sure to do it before the actual appointment date. My wife has personal success with this. I've also read that showing up 1st thing in the morning to do a walk-in has more success.

2 - I think at an infopass appointment you'll just here that there is the possibility to reschedule...

3 - As with most non-standard processes, there is some risk you'll be denied early walk-in. You can always try separate nearby biometrics facilities... I think being kind, courteous, clear, and professional/organized can always help. Also note that biometrics facilities are sometimes different than the infopass/USCIS offices, research around on here or start another post to find the exact address of biometrics facilities in your location.

My wife did an early walk-in for biometrics at a different facility than scheduled

thread here: http://www.visajourney.com/forums/topic/326877-re-entry-permit-applied-after-departure/

cheers,

gnasa

Hi All,

I'd like to hear others opinions about the options for my wife's conditional residency that expires on 7/30/2012.

The Background Info: Wife adjusted status from student to LPR via marriage to me (US citizen). My work transferred us Europe approximately 1 month after GC arrived for a temporary 2-3 year assignment. So we obtained a Re-Entry Permit to aid our argument that she has maintained the intent to reside in the US if we should ever need to (we haven't had any problems entering US as of yet). The time has come to remove conditions on her GC. Note the REP has the same expiration date as her conditional GC. My position intends to keep me abroad for another year or so (or I may end up switching jobs to another overseas employer).

Option 1: Apply to remove conditions from abroad and possibly have it placed on overseas hold. Can someone elaborate what exactly overseas hold is and how long this status can be maintained? How does one re-enter the US with an expired conditional GC coupled with an expired REP with a status of overseas hold? OR it may not be placed on overseas hold and we attend biometrics/interview when they are scheduled. Then potentially get another REP when armed with new GC. Costs - ~$600 for ROC app, flights to USA for biometric and possibly another for interview. This option allows us flexibility to return to US without delay.

Option 2: Surrender Green Card before it expires. Then re-apply via DCF or the normal method (dependent on where we are) when we move back to USA. I imagine this will require us to forecast our plans/move a year or so out. Costs - ~$1000-2000 for GC application. This option means we cant return to USA without re-obtaining GC first, I imagine this take a minimum of 6 months.

I know and have read plenty that a 'GC is for only people who want to reside in the USA' - please spare us all if that is your only comment. Re-Entry permits and overseas holds are direct examples that USCIS recognizes that a LPR may be abroad for an extended period of time.

I think it is possible to apply and get another Re-Entry Permit (REP or form i-131) after the first one. This requires that he apply from within the US and attend the biometrics appt, a 2nd 2-year REP should cover your timeframe away. I've heard of multiple REP's back-to-back but have no experience here, try to search for these experiences.

Also note that the re-entry permit alone may not be sufficient in protecting against 'abandoned residency', a few ties (financial, personal, trips back) would be a good idea as well to demonstrate an 'intent to reside in the US'. There is ample info about this here on VJ.

Thanks Tony and Vanessa, that is pretty much what I have been told, but it's like an insurance policy and since it is good for 2 years, we might be able to use it again during this period as I work overseas for 5 to 6 months out of the year.

I just want to point out that a 1st Re-Entry permit will be generally be issued for 2 years or until a GC expires (whichever is earliest). As your wife's GC is conditional, the REP will only be valid during the validity of her current GC and not for 2 years.

Hi Little My,

I think I can offer you some advice by sharing my experiences... I'm a US citizen and my wife currently has a conditional GC and we moved to Europe ~4 weeks after she received it due to my work transfer. We ultimately obtained a re-entry permit (REP) (it's a long story, search my user name for threads with addition details) and I highly recommend you obtain one in your hands before you depart.

The #1 first thing you should do is get a REP, even if you don't plan to be out of US for >1 year. This 1st REP will most likely be valid for 2 years or until the date your GC expires, whichever is earlier, in your case it sounds like the conditional GC will set this date.

Why you should do this: As I understand it, USCIS cannot use the time during a valid re-entry permit to count against you in their consideration of abandoned residency. It also is a strong demonstration that your travels abroad are temporary and you do not intend to live abroad permanently. A REP does not protect the time required for naturalization/citizenship, but if you're worried of possibly deemed to have abandoned residency a REP is a part of your insurance.

When entering the US my wife has on her

• joint US tax returns for several years
  
• scan of our vehicle title that we left in the US at my mom's house
  
• scans of some recent US credit card bills (we use one of my US family's house as the billing address)
  
• scan of marriage cert.
  
• print outs of relevant USCIS communication
  
• REP
  
• GC
  
• and the newest development, a US citizen daughter!
  

We've had no problems so far entering the US.

In addition, it may possibly be easier to enter if your US husband is with you. Go through the same line and step up to border agent together. We answer any questions truthfully, honestly and efficiently without offering additional information. I don't want to oversimplify it, but if the very very worst happens and USCIS takes your GC (which is extremely unlikely if you have a valid REP), then you do have the right to obtain another one.

Hello - I'll refrain from commenting on your travel history and the US residency requirement for the GC, as you do not tell us how you are maintaining residency other than traveling back to the US for a few days (I'm sure others will comment).

Regarding the Re-Entry Permit - As I understand it, you need to be within the US when the USCIS receives the REP application and for the biometrics appointment. It is not possible to apply for a REP from outside the US (Option 1). It can however be sent to a consulate for pick-up once approved and I think there is a section for this on the I-131 application. Please read the I-131 application instructions carefully.

agmehta - we had to travel back to the US to apply for another re-entry permit.

See relevant thread here: http://www.visajourney.com/forums/topic/326877-re-entry-permit-applied-after-departure/

I want to note that technically you don't need a re-entry permit until your more than 1 year outside of the US. However, greater that 6 months seems to trigger a reasonable suspicion of abandoned residency. A re-entry permit is only one of the steps you can take in order to preserve your US 'residency'.

In general, just to update: we are still considering all options, but leaning towards abandoning the green card and getting a tourist visa.

I'm confused, was it not previously established that your wife is subject to a tourist visa ban for another ~4 years due to a previous overstay (even though this adverse factor was not enough to deny LPR)?

I would strongly recommend the following course of action:

1. Return to the US, and complete the ROC process. It is absolutely critical that you complete this process, because as others have mentioned above, not removing conditions can have future adverse effects.

2. Once your ROC is complete, apply for a Re-Entry Permit. Contrary to what others have said, you don't need to be in the US very long to do this. One month SHOULD be sufficient. Mail the paperwork in, and designate your home country's consulate as where you want the REP sent. You should receive the biometrics notice within a couple of weeks of filing. As soon as you receive this, do a walk in appointment. Once your biometrics are done, you can leave the country.

NOTE: The REP must be applied for only once ROC is complete. An REP is only good for the length of your GC validity.

3. IF you compeleted the ROC, AND received an REP, you are good for another two years of not having to re-enter the US. As you approach REP expiry, you may still have other courses of action available to you.

What you should NOT do at this point:

1. Do NOT let the GC expire without having completed ROC. This will lead to all sorts of problems in the future.

2. Do NOT voluntarily surrender the GC at this point. A voluntary surrender is a much better option than letting a conditional GC expire, but such a surrender involves a declaration of your PERMANENT intent to reside outside the US. This can come back to haunt you in the future. Your wife is certainly not eligible for a nonimmigrant visa (as stated above), and you may run into issues if you try to acquire an immigrant visa again. You haven't lost the GC yet, and probably will not, so you should make every effort to keep it.

I agree with this clearly stated opinion. Trying to hang-on to the GC by completing ROC and obtaining a REP is what I would do in your situation. Note that this is all assuming the ROC isn't placed on 'overseas hold'.

Question for gnasa and others:

We currently have a biometrics appointment scheduled for early December. This biometrics capture is related to the removal of conditions, NOT an application for a re-entry permit. But, if my wife takes the biometrics appointment for the removal of conditions, does anyone know if it can be applied to the re-entry permit? My understanding is that previously, this has not been the case— biometrics captures were junked right after they were taken, not stored in any re-accessible way— but that the system was being overhauled and was recently in flux (so I read).

If we could somehow apply the biometrics capture to the re-entry permit, then it would simplify things greatly, as we wouldn't have wait for a second biometrics appointment to be scheduled.

I wouldn't count on having the same biometrics apply to both ROC and a REP. I remember when my wife adjusted from student-to-LPR, there was biometrics for the advanced parole and biometrics for the AOS scheduled within 1 week of each other...

I want to repeat that if you do apply for a REP you need to be in the country when application is received by USCIS (i.e. overnight mail) and for the biometrics appointment. Your wife can leave the US in between these, so there is no 2-4 month requirement to stay while REP is processing. It just requires your wife to make 2 trips for the REP application.

I also want to point out that if you applied for a REP now and it was granted, it would only be valid until the expiration of the current GC (this is the case with my wife's REP). Now the ROC process seems to last longer than the conditional-GC is valid for, so USCIS sends out letters extending the GC for ~1 year. I do not know what expiration a REP would have when ROC is in progress. It certainly will be simpler to wait for the 10-year GC to arrive before applying for a REP, but the risk of 'abandoned residency' will remain until then.

That sucks that your incompetent lawyer overlooked a very important fact, make sure to double check everything as fewer and fewer people seem to put themselves in your shoes when giving advice.

Aha. Now we're getting to the meat of things— thanks.

The possibility of detention combined with traveling-with-exhausted-two-year-old is prohibitively awful. I think we'll wind up canceling our travel plans and surrendering the green card. (Part of the purpose was to make the biometrics capture in order to complete the petition to remove restrictions, for which I've already paid the application fee... grrrr)

Just to offer another point of view. My wife and I are in the exact same situation as you, but my wife obtained a re-entry permit after our departure. Note that you can leave the US after I-131 application is received by USCIS and the later biometrics appointment.

search for this thread on this forum for my experience: 'Re-Entry Permit: Applied After Departure'

In short, it depends on if you want the option to live in the US. I would think twice about volunteering to give up your wife's GC. I say 'volunteering' because that is what you should do at a US consulate/embassy versus just letting it expire (or getting 'deported'). By voluntary surrendering the GC it removes any doubt for the USCIS of the LPR intentions, which is important for future tourist visa's or green card applications. Your wife's previous overstay complicates things though, I'm not sure if the ban applies after the LPR was issued.

My wife and I want the option of returning to the US on a short time notice due to certain career options and the temporary nature of my assignment in Europe, so we spend the money on multiple RT flights to take care of biometrics and REP applications. Also note that with a REP the USCIS cannot use the time during its validity as evidence that the LPR abandoned residency. Detention and deportation without leaving the airport is a risk you take, but I would say there is a greater chance that if USCIS determines residency is abandoned, they would take GC and parole your wife into the US.

I'm not positive what one poster stated that ROC can only be done from within US is correct. If you search ROC from abroad there seem to be many examples.

If I were you I'd try to move forward with removal of conditions and then get a re-entry permit ASAP. Another thing you should look into, if you work for a 'US company/gov...' and are eligible for expeditious naturalization.

In addition, while most information on this forum is correct (and very helpful), some posters tend to take black & white views and always state the maximum consequences, so interpret accordingly. For example: 'If you have a green card it means you're a Legal Permanent Resident. And if you are a Legal Permanent Resident, it means you have to RESIDE in the US, i.e. live in the US more than you live outside the US. You can leave the US for visits to other countries, sure, but you cannot live in those countries for a period longer than living in the US, in one given year. If you do, what's the point of the green card? You're not permanently residing in the US, right?' To that I respond that the USCIS recognizes that some LPR's need to work/live abroad for extended times, thus the re-entry permit (sometimes 2 in a row or up to 4 years) is a valid legal way to maintain the green card during an extended 'temporary' stay abroad.

I've had very little success expediting anything (including a REP) with USCIS, despite labeling the envelope 'expedite', including prepaid FedEx envelopes, etc... In my case, it took an inquiry from my congressman's office to expedite.

Biometric appointments are typically scheduled between 3-6 weeks after the I-131 application is mailed. The timing is largely dependent upon appointment availability at your local application support center. Once you receive the appointment letter though, you can always attempt an early 'walk-in' at the same center or other nearby. If successful, it doesn't speed up actually receiving the re-entry permit but it shortens the time a LPR needs to be within the US. Also note that REP applications must be received by USCIS when LPR is in the US and for the biometrics appointment, the LPR can leave the US in between those times.

The instructions state you have to be physically present in the US when you file the 131 for re-entry - and you if you leave prior to to the collection of the biometrics, the permit can be denied.

I'd just like to clarify that this is true if you send in i-131 application and then leave the US and do NOT complete biometrics you will most likely have your REP application denied.

However, my wife has recent successful experience:

1. applying for a REP when in US
   
2. departing US
   
3. returning to US for biometrics (walk-in)
   

This obviously required 2 round-trip flights to the US.

See thread: www.visajourney.com/forums/topic/326877-re-entry-permit-applied-after-departure/page__p__4885969__fromsearch__1#entry4885969