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I-131 Application For Second Time

Discussion in 'Retention of US residency' started by y030910, Aug 16, 2015.

  1. y030910

    y030910 New Member

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    Hello, I was hoping someone could give me some thoughts on my situation. I am an LPR and need to apply for a reentry permit again. I have an old reentry permit set to expire in about 2 months. I intend to fly back to US before the expiry and reapply for a new one while sending the old one back to USCIS (required). I need to be outside USA between the filing of i-131 and biometrics appointment. Potentially the old permit will expire during this process, do you think this will be a problem for me upon reentry even though I will be entering the USA again in 4-6 weeks and have already sent a valid reentry permit back to the USCIS? Thank you.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It depends on your unique facts and circumstances, particularly the reason you have gone abroad.
     
  3. y030910

    y030910 New Member

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    My reason is mainly due to family issues at home.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you can establish that the absence from the U.S. is clearly temporary and show your ties to the U.S., then you stand a better chance of getting a new re-entry permit.
     
  5. livewire26

    livewire26 New Member

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    Ron, you may have already covered this earlier, but quick question for you....I'm on EB3-I, priority date Feb 2005. I just found out that my I-485 has been pre-adjudicated. Does this mean that it is pre-approved? In other words, will it mean that I won't be getting any RFEs and get my Green Card straight away when my priority date becomes current. Thanks very much.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You will likely get an RFE for new medical exam results and a current employment letter, verifying that you are working in the same or similar occupational classification.
     
  7. livewire26

    livewire26 New Member

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  8. y030910

    y030910 New Member

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    I guess showing my ties will prove my absence is temporary? Other than that I don't really know how I can prove that my family issues are temporary. I do have a bank account and drivers license to tie me to the US, should I write this or attach proof in my i-131 application? Thank you Ron.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Include a letter, explaining the family issues. Do your best with local ties.
     
  10. y030910

    y030910 New Member

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    Okay. One more question, will it make a difference if I work in my home country while I am outside of the US? am I right in thinking that employment will show lack of intent to return to the US?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It might. Again, it all depends on the unique facts and circumstances of your case. There is no one size fits all answer.
     

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