I-131 necessary or not?

[LlamaInvasion 76]

We're looking into the possibility of me completing my education in Norway, for financial reasons.

Two questions:

1) Should I apply for I-131 Re-entry permit, since I will be gone for close to a year (but not more than - probably from August to June)?

2) I currently have my 2-year conditional GC, but need to apply for ROC this coming spring (expires 5/24/13). Can this be done while studying in Norway (the school year usually runs into June in Norway)? If this is too risky/impossible, then I obviously won't go.

[JohnR! 5,495]

Yes, that would be a great idea. Get approved first so that you can leave and not worry about coming back. Better safe that sorry...

[LlamaInvasion 76]

Well, if I can't complete my studies next school year, I will have to start over (or at least be set back quite severely), so if I can't go then, I don't go at all. XD I was hoping for a little more conclusive answers?

[Dave&Roza 748]

We're looking into the possibility of me completing my education in Norway, for financial reasons.

Two questions:

1) Should I apply for I-131 Re-entry permit, since I will be gone for close to a year (but not more than - probably from August to June)?

2) I currently have my 2-year conditional GC, but need to apply for ROC this coming spring (expires 5/24/13). Can this be done while studying in Norway (the school year usually runs into June in Norway)? If this is too risky/impossible, then I obviously won't go.

First, if you can show that you still have ties to the US and are gone less than a year, you should be able to return to the US without any problems--Garry and Alla did this for his wive's son while he was attending college Second, remember that you have 90 days to apply for ROC up to the date the GC expires. You do not have to file 90 days before. Just remember that there will be a biometric appointment you will have to go to and that will be scheduled after you submit the ROC and it is processed. That will depend on how busy your local office is and how long it takes to process your application. So you will need to plan on that. You could cut it close and file for ROC in early May and hope your bio appointment is after your studies are over in June. You will have to decide what is too risky for you and whether putting your studies on hold because of ROC is worth the extra time. You could save up for a quick plane trip back to the US for the bio appointment or check with your local office and see if you could do a walk in after they receive the file and issue an NOA1. If it is early June that studies end then you have a better change of making it. If it is later in June and you file early May then there might be a small chance the bio appointment is in Mid-June.

Good luck,

Dave

[LlamaInvasion 76]

Phew, lol. It really does sound like not going would be my best option. XD I think I'd be scared of traveling on an expired greencard.

[Little_My 464]

I am in a similar situation than you. My GC will expire on 20 July 2013, and I will be living abroad in India from now until about June next year, so around 11 months. I didn't apply for a re-entry permit because I know I'll be back in less than a year, and I will also come back to the US for a visit about mid-way through the year. However, you will have to be in the US to file for the ROC and go get the biometrics done. If you do not file for ROC on time, not only will your GC expire, but your permanent residency status can be revoked. Once you have filed for ROC, the NOA you receive will also be an extension letter, extending your GC status for 12 months I believe. After biometrics and receiving the NOA, you would be able to travel internationally again, carrying your NOA and the expired GC.

You would have to basically be able to come back to the US before your GC expires, file for ROC, wait 1-2 weeks for the NOA, and then get your biometrics done before you could go back to Norway to finish up your studies. This means taking off between 2-4 weeks, depending on how fast you would receive the NOA, and whether or not you would be able to do a walk-in biometrics as soon as the NOA arrives.