When is I-131 necessary?

[jjjdddlll 4]

Hello to all,

Is the I-131 re-entry permit necessary when a green card holder takes trips outside the US for less than 1 year? Less than 1 month? It seems like it is, but at the same time on the form's own instructions, it says:

If you stay outside the United States for less than 1 year, you are not required to apply for a Reentry Permit. You may reenter the United States on your Permanent Resident Card (Form I-551).

Could anyone share some experiences/information with this? Cheers.

[aleful 1,905]

Hello to all,

Is the I-131 re-entry permit necessary when a green card holder takes trips outside the US for less than 1 year? Less than 1 month? It seems like it is, but at the same time on the form's own instructions, it says:

Could anyone share some experiences/information with this? Cheers.

no, the reentry permit is only if one will stay out of the country for more than 1 year and up to 2 years, so that one might not loose residency. one can loose residency if you are out of the country for more than 1 year.

less than one year you enter the country with your GC and passport or i551 stamp if you haven't received your GC yet.

[ChetT 9]

I had first hand experience. Watch out for this. There is a loop hole in the law, and the USCIS officer admitted it.

You can only take trip outside the U.S + Green card less than 6 months. If you take for more than 6 months, they can revoke your green card as abandon residency. But, there is one exception for the 1st time given good reason to POE officer.

If you take longer than 6 months, you should get I-131 just to be safe. If anything less than 6 months, you Green Card will do it.

Remember, if you take the trip 6 months and longer, they won't count your days of presence in the U.S when you apply for citizenship N-400.

Hello to all,

Is the I-131 re-entry permit necessary when a green card holder takes trips outside the US for less than 1 year? Less than 1 month? It seems like it is, but at the same time on the form's own instructions, it says:

Could anyone share some experiences/information with this? Cheers.

[Harpa Timsah 13,258]

Is there a reason you don't believe the instructions?

To the above, there is no loophole. CBP can consider any amount of time spent outside the US, even less than 6 months, as an abandonment of residency.

[ChetT 9]

How could you said there is no loophole ?

Is there a reason you don't believe the instructions?

To the above, there is no loophole. CBP can consider any amount of time spent outside the US, even less than 6 months, as an abandonment of residency.

[Lonelywithouthim 5]

How could you said there is no loophole ?

You are right...it's not as clear but you should really not stay out of the country for more than 6 months. At one time, I thought it depended on the kind of GC held but I could be wrong.

[Harpa Timsah 13,258]

How could you said there is no loophole ?

I could "said" that because there isn't.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year.

Any time outside the US can be used to determine that you have not maintained your residency. You cannot, for instance, live somewhere else but travel back to the US every 5 months and keep a greencard. In that case, the CBP would say repeated absences of 5 months counts for lost residency.

You are free to believe what you wish.

[ChetT 9]

Did I mention that I spoke this particular issue with CBP officer and USCIS officer with a bunch of papers highlighted showing what they are doing is confusing ?

While I went to pick up a close family member at SFO, on the way I got a call from CBP officer. He stayed out side of the U.S for 6 months 5 days. The CBP told me his GC will get revoked if he stays more than 6 months again.

To make it clears, I paid them a visit when I arrived at SFO. The CBP officer pulled my family member travel records and showed that he has past his 1st exception. I said "what exception" ? That's what the loophole is. The reason that the CBP forgave him is because we followed the I-131 instruciton, and got ###### because of that. So they will warn for the 1st time. My family member got lucky because he could not speak English, and did not understand what the CBP told him the 1st time. This time he got to sign papers and got instruction, not to stay more than 6 months.

The USCIS supervisor officer at San Jose field office also confirmed information.

If all you have is pulling information from the web, good luck with that.

To the OP. Go to your closest international airport, and speak with CBP officer. Don't forget to print out all those instructions and show them. Speak with a supervisor if you can. I am 100% sure they will confirm what I said.

Also, he is coming to the U.S. every 5-ish months so many times without any problem.

:bonk:

I could "said" that because there isn't.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Any time outside the US can be used to determine that you have not maintained your residency. You cannot, for instance, live somewhere else but travel back to the US every 5 months and keep a greencard. In that case, the CBP would say repeated absences of 5 months counts for lost residency.

You are free to believe what you wish.

[ceadsearc 516]

There is no guarantee of what any CBP officer is going to do. Much of the determination is at their discretion. It might seem like a loophole, but it's really not. The instructions and USCIS website are clear:

If you are a permanent resident, you need to RESIDE in the US. You can visit abroad, but you cannot LIVE there. If you are spending more time out of the country than in on a regular basis, you're going to have a problem.

You don't need a re-entry permit for travel less than a year.

Any amount of time out of the country can be used in consideration of abandoned residency. Yes, 6+ months (especially repeatedly) is more of a red-flag, but it's not JUST the amount of time in one trip. It's about how you are maintaining residency in the US.

A re-entry permit shows you plan to return and is necessary for trips over a year but does not guarantee you re-entry if it is evident you have abandoned residency.

In conclusion: you need to live in the US. If someone you know is only coming back to the US once every 5 months and spending the rest of the time abroad, they're just plain lucky thus far. Eventually, their GC will be revoked.

Edited July 7, 2012 by ceadsearc

[jjjdddlll 4]

Thanks to all for the useful information. Maybe you could all assist with another question I have. All help/comments are greatly appreciated.

My wife received her visa in October of 2011. We entered the US in February of 2012. We left the US in February 2012 in order to sort out some family things outside the US to prepare to make a move. In the mean time, we have not made the move. Did the clock start ticking in regards to the "1 year" outside of the US since she received the visa in October or since the last time she stepped foot outside of the US in February? Keep in mind, the month we spent in the US in February was not used to establish residence, from a USCIS perspective, so I am not sure if that counts as the "start time" of the 1 year period or if it started in October upon receipt of the visa. Any thoughts?

Edited July 7, 2012 by jjjdddlll

[VanessaTony 3,567]

Thanks to all for the useful information. Maybe you could all assist with another question I have. All help/comments are greatly appreciated.

My wife received her visa in October of 2011. We entered the US in February of 2012. We left the US in February 2012 in order to sort out some family things outside the US to prepare to make a move. In the mean time, we have not made the move. Did the clock start ticking in regards to the "1 year" outside of the US since she received the visa in October or since the last time she stepped foot outside of the US in February? Keep in mind, the month we spent in the US in February was not used to establish residence, from a USCIS perspective, so I am not sure if that counts as the "start time" of the 1 year period or if it started in October upon receipt of the visa. Any thoughts?

She entered on the visa in February. That means she became an LPR on that date and she has her GC (did you pick it up from wherever you had it delivered?). As an LPR her "1 year out" started in Feb when she left the US the last time.

[jjjdddlll 4]

She entered on the visa in February. That means she became an LPR on that date and she has her GC (did you pick it up from wherever you had it delivered?). As an LPR her "1 year out" started in Feb when she left the US the last time.

Thanks for the clarification. (The GC was brought to us, as we were outside of the US by the time it arrived in the mail). So it seems as long as we do not spend a year outside of the US (Feb. 2013), and show an obvious intent of making a permanent move upon entry, we should be fine?

[VanessaTony 3,567]

Thanks for the clarification. (The GC was brought to us, as we were outside of the US by the time it arrived in the mail). So it seems as long as we do not spend a year outside of the US (Feb. 2013), and show an obvious intent of making a permanent move upon entry, we should be fine?

Any absence over 6 months can be held against you in determining you've abandoned LPR status but you are permitted to be out for less than 12 months without your GC being automatically revoked. However you still need to maintain a residence in the US and file US taxes among other things (info online about maintaining LPR status). As this is the first exit you should be okay this time, but of course there are no guarantees.

There is no need to show intent of making a "permanent move" and in fact I wouldn't because the LPR should ALREADY be living in the US so showing intent to move now proves that you weren't already living in the US.

The sooner you return from your "holiday" overseas to your "home" in the US, the better.

[jjjdddlll 4]

Any absence over 6 months can be held against you in determining you've abandoned LPR status but you are permitted to be out for less than 12 months without your GC being automatically revoked. However you still need to maintain a residence in the US and file US taxes among other things (info online about maintaining LPR status). As this is the first exit you should be okay this time, but of course there are no guarantees.

There is no need to show intent of making a "permanent move" and in fact I wouldn't because the LPR should ALREADY be living in the US so showing intent to move now proves that you weren't already living in the US.

The sooner you return from your "holiday" overseas to your "home" in the US, the better.

Understood, very nice way to put it. Would the LPR have to file taxes if she was not working?

[VanessaTony 3,567]

Understood, very nice way to put it. Would the LPR have to file taxes if she was not working?

No, but as you need to file taxes then you should file married jointly (bigger refund that way typically) and it makes sure to show she is maintaining her residence.