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Filed: Other Country: Switzerland
Timeline
Posted

Hey everyone

I have another question regarding the I-131.
Ive been working in Canada for 4 years and received my Green Card last August.

Currently im finishing up a work contract here in Canada and im planning on settling over to the states in April.
Now when i went on a trip to California in November, a border agent told me that i should get a reentry permit to make sure i dont loose my Green Card.
He also told me, that i can file it online since i currently live abroad.

I searched quite a bit on the USCIS website, but couldnt find an online filing option for cases like mine.
Now here are my questions:

- Do i ABSOLUTELY HAVE to get a reentry permit?
Wouldnt having just paid my taxes, the explanation with the finished work contract in canada AND having a adress where ill live etc. be enough for them to let me through?

- Do you know if online filing is possible? If yes, can you please explain to me where to do it?

Worst comes worse, since i live in Montreal, i could still file it by mail and just cross the border for the biometrics and stuff. But id still have to cross the border... which is kind of a paradox since im getting the Reentry Permit to be able to cross the border without issues.

- Is it possible to do all the filing at the US consulate here in Montreal?

A bit of advice would be really appreciated!

Happy new year everyone!

Filed: Citizen (pnd) Country: Germany
Timeline
Posted

Someone correct me if I'm wrong, but I believe a reentry permit is needed if you plan on staying outside the States for longer than a year. So August to April would mean you're still in the green zone then.

Myself: US citizen; Husband: German citizen

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-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

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-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

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-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

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Filed: Other Country: Switzerland
Timeline
Posted

Someone correct me if I'm wrong, but I believe a reentry permit is needed if you plan on staying outside the States for longer than a year. So August to April would mean you're still in the green zone then.

Yeah thats what i thought too, but then the guy at the border told me to get one since its more than 6 months.

So im basically asking here to be able to gauge whether my particular reasons will pass at the border or whether i really have to get a reentry permit.

Filed: Country: Monaco
Timeline
Posted (edited)

If you already have your green card, consider coming to the US for a weekend int he near future. There are only 4 months left until April so you should be out of the US for less than 6 months altogether.

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently
  • 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
  • Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a 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
  • Fail to file income tax returns while living outside of the United States for any period
  • Declare yourself a “nonimmigrant” on your tax returns

Hey everyone

I have another question regarding the I-131.
Ive been working in Canada for 4 years and received my Green Card last August.

Currently im finishing up a work contract here in Canada and im planning on settling over to the states in April.
Now when i went on a trip to California in November, a border agent told me that i should get a reentry permit to make sure i dont loose my Green Card.
He also told me, that i can file it online since i currently live abroad.

I searched quite a bit on the USCIS website, but couldnt find an online filing option for cases like mine.
Now here are my questions:

- Do i ABSOLUTELY HAVE to get a reentry permit?
Wouldnt having just paid my taxes, the explanation with the finished work contract in canada AND having a adress where ill live etc. be enough for them to let me through?

- Do you know if online filing is possible? If yes, can you please explain to me where to do it?

Worst comes worse, since i live in Montreal, i could still file it by mail and just cross the border for the biometrics and stuff. But id still have to cross the border... which is kind of a paradox since im getting the Reentry Permit to be able to cross the border without issues.

- Is it possible to do all the filing at the US consulate here in Montreal?

A bit of advice would be really appreciated!

Happy new year everyone!

Edited by JohnR!

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www.ffrf.org




Posted

No idea why he said that. 12 months is the usual maximum and I know many people who have done that. However that has been with proper evidence of settling on that trip. If you keep going in and out, no matter how short a time, they will get suspicious about where your actual place of residence is.

Filed: Other Country: Switzerland
Timeline
Posted

I have entered the states twice since i got the card, (once only as a layover at JFK) so it might have been because of that.

But since i have proof that i had to finish a contract and that now finally i will settle over, you made me confident that its gonna be ok :)

  • 1 month later...
Filed: Other Country: Switzerland
Timeline
Posted

Hello everyone... its me again.

Another question about my I-131 filing.

But first backstory.
I work in animation, i work for Visual Effects or Animation companies.
I was planning on finding a job somewhere in California where 90% of the animation jobs are.
About a month ago Dreamworks closed its Redwood City office PDI which flooded the market with people who have similar or higher skills than me.
Although i had planned to move to the states in spring, ive found myself in the situation of not finding any work, because of this closure and the flooding of the market with extremely high value artists.

Now. I have to reconsider to apply for a reentry permit again, since there are a lot of opportunities in Canada that could keep me afloat.
But in the instructions it says that i have to be physically present in the United States when i file the form.
Does that mean i cant send it from Montreal where i currently live?

I mean... do i actually have to drive down to the states which luckily is only a 45min ride, just to drop the envelope into a mailbox?

The thing is, since i won the DV lottery and then received my Green Card last August, i have never lived in the United States.
How am i supposed to be physically present? :)

Posted

Hello everyone... its me again.

Another question about my I-131 filing.

But first backstory.

I work in animation, i work for Visual Effects or Animation companies.

I was planning on finding a job somewhere in California where 90% of the animation jobs are.

About a month ago Dreamworks closed its Redwood City office PDI which flooded the market with people who have similar or higher skills than me.

Although i had planned to move to the states in spring, ive found myself in the situation of not finding any work, because of this closure and the flooding of the market with extremely high value artists.

Now. I have to reconsider to apply for a reentry permit again, since there are a lot of opportunities in Canada that could keep me afloat.

But in the instructions it says that i have to be physically present in the United States when i file the form.

Does that mean i cant send it from Montreal where i currently live?

I mean... do i actually have to drive down to the states which luckily is only a 45min ride, just to drop the envelope into a mailbox?

The thing is, since i won the DV lottery and then received my Green Card last August, i have never lived in the United States.

How am i supposed to be physically present? :)

You need to be physically present because you will get an appointment for biometrics to complete the application. You are close enough to the U.S. that this is feasible. It's not always clear but some say that these permits are not automatically granted - you need to provide reasons, and I'm not sure what is basically an intention to live and work elsewhere (ie not a demonstrably temporary stay) is going to get approved.

 
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