Applying for I-751 and I-131

[Shub 78]

I hope this is the right section to post in -- I didn't want to post it in the Removal of Conditions section since this has little to do with my I-751 application but has more to do with an I-131 application I am planning parallel to an I-751. Obviously it also does not fit in the AoS section since I'm past that stage.

Quick background info:

I'm a conditional PR since January 2008, therefore my green card expires this coming January. I am soon (i.e. in a handful of days) reaching the 90-day threshold for filing I-751.

However, I am also expecting to be out of the US for an as-of-yet unknown amount of time, which is prompting me to apply for a reentry permit (by way of I-131) just to be safe.

I just put together most of the I-751 package (not as huge a deal as I thought from reading the dedicated forum, I gotta say), got started on the I-131 and came across what seems to be a bump.

The I-131 instructions state: a reentry permit issued to a conditional resident shall be valid for 2 years from the date of issuance, or to the date the conditional resident must apply for removal of the conditions of his or her status, whichever date comes first.

In my case, if I applied for both I-751 and I-131 at the same time, I would run the risk of the I-131 getting approved before the I-751 and/or before my conditional green card expires, and then it would be completely useless to me, because it would expire in January and because my absence from the US will likely extend past January.

Should I file I-131 at the same time as I-751 anyway and explain the situation? That sounds like a bad idea since CIS will probably disregard said situation, but I'm asking regardless.

Or should I wait until my I-751 is approved and then file for I-131?

Or something else?

What's the best course of action here?

FYI and if that matters, when filling out I-131, when I get to the question asking how much total time I have spent outside of the US since becoming a PR, I will be answering either "less than six months" or "six months to one year" depending on the time I file.

Also, if filing I-131 after I-751 is approved, I may be out of the country by then; will that be a problem?

Finally and before anyone points it out, I understand that any such prolonged absence so as to warrant the use of a reentry permit will disrupt the continuity of my permanent residence when it comes to my application for naturalization -- that is regrettable but fully acknowledged.

Thank you for any help!

[Otto 83]

If it were me (and without knowing your exact time-frames for traveling) I would be inclined to file the I-751 when the window for filing opens (which you said is not too many days away).

The NOA1 you get for the I-751 will extend your PR/Green Card for one year - that should come fairly quickly after filing. I would make a copy of the NOA1 for the I-751 and submit it with the I-131. So it would kind of be a delayed filing. My guess is, they will not issue the Re-entry permit for more than 1 year.

[Dakine 26]

Most I-751 don't have interviews BUT!

[Shub 78]

Most I-751 don't have interviews BUT!

I realize that, too. That won't be a problem. I'll show up to whatever I have to -- I'm already aware there will be a biometrics appt. no matter what.

[Shub 78]

Bump. Still looking for more input if you can spare it.

Thank you!

[lvalleh 0]

Hi there,

I couldn't believe it when I found this. I'm in exactly the same situation as you are. Just saw a lawyer yesterday and she also told me to apply for a reentry permit. The mistake was not to go over the instructions right there with her. Today, I found the exact same passage you quoted. I don't want to apply for a reentry permit if it's going to expire in 3 months or less. I am also planning to be away for a year and also have to file I-751 this week. Anyway, I am emailing the lawyer. If she replies I will let you know what she says. If you have any info on this, please let me know. I'm also wondering if I can apply for a reentry permit from abroad, but what I've found so far is not very clear.

Thanks!

I hope this is the right section to post in -- I didn't want to post it in the Removal of Conditions section since this has little to do with my I-751 application but has more to do with an I-131 application I am planning parallel to an I-751. Obviously it also does not fit in the AoS section since I'm past that stage.

Quick background info:

I'm a conditional PR since January 2008, therefore my green card expires this coming January. I am soon (i.e. in a handful of days) reaching the 90-day threshold for filing I-751.

However, I am also expecting to be out of the US for an as-of-yet unknown amount of time, which is prompting me to apply for a reentry permit (by way of I-131) just to be safe.

I just put together most of the I-751 package (not as huge a deal as I thought from reading the dedicated forum, I gotta say), got started on the I-131 and came across what seems to be a bump.

The I-131 instructions state: a reentry permit issued to a conditional resident shall be valid for 2 years from the date of issuance, or to the date the conditional resident must apply for removal of the conditions of his or her status, whichever date comes first.

In my case, if I applied for both I-751 and I-131 at the same time, I would run the risk of the I-131 getting approved before the I-751 and/or before my conditional green card expires, and then it would be completely useless to me, because it would expire in January and because my absence from the US will likely extend past January.

Should I file I-131 at the same time as I-751 anyway and explain the situation? That sounds like a bad idea since CIS will probably disregard said situation, but I'm asking regardless.

Or should I wait until my I-751 is approved and then file for I-131?

Or something else?

What's the best course of action here?

FYI and if that matters, when filling out I-131, when I get to the question asking how much total time I have spent outside of the US since becoming a PR, I will be answering either "less than six months" or "six months to one year" depending on the time I file.

Also, if filing I-131 after I-751 is approved, I may be out of the country by then; will that be a problem?

Finally and before anyone points it out, I understand that any such prolonged absence so as to warrant the use of a reentry permit will disrupt the continuity of my permanent residence when it comes to my application for naturalization -- that is regrettable but fully acknowledged.

Thank you for any help!

[Shub 78]

Hi there,

I couldn't believe it when I found this. I'm in exactly the same situation as you are. Just saw a lawyer yesterday and she also told me to apply for a reentry permit. The mistake was not to go over the instructions right there with her. Today, I found the exact same passage you quoted. I don't want to apply for a reentry permit if it's going to expire in 3 months or less. I am also planning to be away for a year and also have to file I-751 this week. Anyway, I am emailing the lawyer. If she replies I will let you know what she says. If you have any info on this, please let me know. I'm also wondering if I can apply for a reentry permit from abroad, but what I've found so far is not very clear.

Thanks!

Hello there,

It's good to know I'm not the only one in this situation, so thank you for posting.

Did you hear anything back?

[lvalleh 0]

Hi again,

the lawyer said this is a tricky situation and the guidelines from USCIS are not clear. So I just sent my I-751. She said I should come back to the US in five months for a short visit and then I should be fine. She also told me that even though I'm not going to be away for more than a year, I should bring in with me as much evidence as I can that the time I spent abroad was temporary and I did not abandon my permanent residency. In my case, my husband will be doing research for his dissertation and he has a contract that stipulates the fellowship is for only one year. I also have to finish my PhD here. We can also show evidence that our bank account remained opened and that we filed taxes, among other things.

Hope this helps.

____________________________________________________________________________

Hello there,

It's good to know I'm not the only one in this situation, so thank you for posting.

Did you hear anything back?

[Shub 78]

I appreciate the input, thank you. That sounds like what I had in mind.

Hi again,

the lawyer said this is a tricky situation and the guidelines from USCIS are not clear. So I just sent my I-751. She said I should come back to the US in five months for a short visit and then I should be fine. She also told me that even though I'm not going to be away for more than a year, I should bring in with me as much evidence as I can that the time I spent abroad was temporary and I did not abandon my permanent residency. In my case, my husband will be doing research for his dissertation and he has a contract that stipulates the fellowship is for only one year. I also have to finish my PhD here. We can also show evidence that our bank account remained opened and that we filed taxes, among other things.

Hope this helps.

[Pitaya 2,577]

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