I-131 Travel Document extension

[MoSin 0]

Hi, this is my first post on this forum. I need help with my mom's Travel document I-131 (Re-Entry Permit). I applied for immigrant visa for my mom and my siblings ages 18 and 15 in 2002. Finally, in 2004 only my mom got the visa and came to the US and now has a GC. Then my mom applied for my siblings again as a resident alien under "Unmarried child under 21 of permanent resident". Case has been approved and the PRIORITY DATE is 12 NOV 2004. Now my siblings are 20 and 17. My mom went back to live with my young siblings in OCT 2005 with a Re-Entry permit (I-131) for 2 years which is about to expire in OCT 2007.

Because my younger siblings' visas have not been granted yet and my mom doesn't want to leave them alone by themselves (dad passed away..) Based on that scenerio can she apply for Re-Entry permit extension for 2 more years? if yes, what forms do I need to submit? (or is it I-131 again? )

P.S. And how long it usually it takes for I-130 (Unmarried child under 21 of permanent resident) cases, if applied for in 2004?

I would really appreciate if someone can answer this for me.

God Bless you all!!!

Regards,

Mohsin

Edited January 12, 2007 by MoSin

[Boiler 45,770]

Probably the first issue is whether she has maintained her US residency status.

A complicated subject, something I know is beyond many immigration lawyers.

She was here a year, does she have property here, presumably not a job. What else?

Category 2A is about 6 years.

[bulls96 0]

Probably the first issue is whether she has maintained her US residency status.

A complicated subject, something I know is beyond many immigration lawyers.

She was here a year, does she have property here, presumably not a job. What else?

Category 2A is about 6 years.

She can re-apply for another REENTRY permit, but she has to do it here in the US, so she has to travel back here. Thats what i did. Had to come back for another re-entry because i was finishing medical school I dont think it will count towards her 5 year requirement for USC though

[Yodrak 7]

MoSin,

Further to what Boiler wrote, while the re-entry permit may protect your mother from losing her LPR status on the basis of time out of the country, it does not protect her from losing her LPR status for other reasons that indicate she has not maintained her primary place of residence in the USA.

Try to find and have a consultation with an immigration attorney who has experience with abandonment cases.

Yodrak

..... My mom went back to live with my young siblings in OCT 2005 with a Re-Entry permit (I-131) for 2 years which is about to expire in OCT 2007.

Because my younger siblings' visas have not been granted yet and my mom doesn't want to leave them alone by themselves (dad passed away..) .....

Regards,

Mohsin

[MoSin 0]

She can re-apply for another REENTRY permit, but she has to do it here in the US, so she has to travel back here. Thats what i did. Had to come back for another re-entry because i was finishing medical school I dont think it will count towards her 5 year requirement for USC though

-Is it the same I-131 or some other form she gotta fill out to re-apply for RE-ENTRY permit?

-How long she have to stay in the US to re-apply? Can she just come here for a week or is there any time requirement?

-How many times can a person apply for RE ENTRY permits?

-Is there any other downside to apply for RE ENTRY permit other then the time counter re-starts from the time the person comes back to the US for Citizenship?

MoSin,

Further to what Boiler wrote, while the re-entry permit may protect your mother from losing her LPR status on the basis of time out of the country, it does not protect her from losing her LPR status for other reasons that indicate she has not maintained her primary place of residence in the USA.

Try to find and have a consultation with an immigration attorney who has experience with abandonment cases.

Yodrak

What other reasons can cause her to lose her LPT status? Isn't why ppl apply for the RE ENTRY permit because they will not be maintaining primary residence in the US? Yes, I bought a condo and I put her name on a condo deed with myself.. so I think that satisfies the owning a property in the US????

In my mom's case, she doesn't want to leave my young siblings by themselves. Is that a good justified reason for the permit and living overseas?

I really appreciate ALL you guys who responded to my concern. thnx

[Boiler 45,770]

If they are not maintaing their primary residence in the US then generally they will not maintain their status as a Permanent Resident - the title is a bit of a give away.

If she is looking after family elsewhere that would seem indicative that she is not maintaing the US as her Permanent Residence.