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Reentry Permit (i-131) For New Green Card Holder?

Discussion in 'Retention of US residency' started by Frisco99, Aug 18, 2015.

  1. Frisco99

    Frisco99 Junior Member

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    Hello Ron et al! :)

    I petitioned my brother for a green card 13 years ago and he just went through the interview process and got his passport stamped with the temporary green card. He is coming to the US in 2 months to "claim" his actual green card, get a US social security number etc., but is only planning on staying for 2 weeks. Since he had to wait for over 13 years to get his green card, he has some business and work related projects he has to finish in his home country before he can move here permanently. He works for a large international engineering company and manages large projects and can't just up and leave before finishing them. He wants to apply for a re-entry permit for this reason so he can spend over a year but less than 2 years to finish this up before moving here permanently.
    He will maintain my address as his while he's outside the US during this time .

    * Will his application for a re-entry permit be approved? Do you see any red flags?
    * How long does it usually take from the time you send in the application for a re-entry permit to they schedule you for you biometrics? (will he be able to complete all this while only here for 16 days if he sends in the application on his first day here?)
    * Can he speed up this time if he requests expedited service since he's only here for 2 weeks?

    Thanks!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    A couple of things to keep in mind. First, he must enter the U.S. within 180 days of visa issuance. There are no extra points for arriving early. Second, as long as he moves here permanently within a year of his initial entry, he doesn't need a re-entry permit.
     
  3. Frisco99

    Frisco99 Junior Member

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    Thanks, Ron!

    His wish, and hope, was to be able to finish up his work projects over there before he moves here permanently. The temporary stamp/sticker in his passport expires on 10/16/2015 and that Visa was issued on 8/6/2015... so I assume he needs to enter the country prior to or on the 10/16 date. (not sure why it says that date since his interview was on 6/2/2015 and his file was "completed" and visa was issued and printed on 8/6/2015). In any event, his plan is to come here on 10/10/2015, only 6 days prior to the temporary visa expires. I assume that means he has to move here permanently prior to 10/10/2016.

    Also, to get around needing a reentry permit, can he come here for 2 weeks in October, then come back for a few weeks in, say August 2016, and then move here permanently 6 months after that? That way he'd never be out of the US or more than a year but still have 1.5 years or so to finish up his life over there. Would this make more sense than applying for a reentry permit? Or would this cause the USCIS to suspect that he doesn't live here and take back his green card?

    After waiting for over 13 years to get a green card, it's pretty complicated to just completely divest everything you have (house, job, wife's work, child's school, medical issues etc.) and move over here so quickly.



    Thanks again! Go Kings!! :)
     
    Last edited: Aug 18, 2015
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    He doesn't need to apply for a re-entry permit since he isn't going to be out of the country for more than a year. He has a perfectly valid reason for going abroad temporarily after becoming an LPR.
     
  5. Frisco99

    Frisco99 Junior Member

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    Great!
    So the USCIS never even looks into why someone is gone or how often if he/she hasn't been gone for a year or more? He's trying to get as close to 2 years as possible after his first entry as an LPR here to be out of the country to finish up his business. But, if, after first entry as an LPR, he can stay out for 11 months, then come here for 2-3 weeks and then leave again for 10-11 months (so be out of the country for almost 22 months with a 3 week stint in the US in the middle of it) before coming here permanently, is ok because he was never gone for a year or more, I think that's the way to go over applying for a reentry permit. Thanks again Ron and please correct my above assumptions if they're wrong.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They do look. If the absence to see if it is clearly temporary. If it is, no problem. If it isn't, they might try to revoke the person's LPR status. In this case, he is shutting down a business overseas and moving here. They will give him a lot of latitude.
     
  7. Frisco99

    Frisco99 Junior Member

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    Thank you, Ron. I really appreciate your time and knowledge.
     

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