Reentry Permit

[jonna 0]

Hello. I have a question and if there is anyone out there who can help me please!!

Now I have a conditional green card and it will expire in May 2008.

My husband plans to go to Japan to study at grad school, which starts next April and lasts for 18 months.

I would like to go with him, but I am not sure how applying for I-751 and for I-131(reentry permit) play out?

I was thinking I would apply for I-131 this December or so and apply for I-751 90 days prior to May expiration date...

But I read that even if you have reentry permit and your conditional GC expires reentry permit expires then as well.

Do you think that's the way to go?

I called USCIS, but they said they didn't have an answer... she was not too nice...

Thank you for you time and attention!!

[Kez/JWolf 6]

My understanding is that if he left the US for 18 months he would be abandoning his Greencard and you would have to start from scratch.... you should have a chat with an immigration lawyer before you do anything.....

Also you may want to check out this link.... http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Good Luck

Kez

[Marilyn. 340]

Form I-131, Application for Travel Document)

If you are in the United States as a permanent resident or conditional permanent resident, you may apply for reentry permit.

Departure from the United States before a decision is made on an application for a reentry permit does not affect the application.

You must be physically present in the United States when you file the application. However, a reentry permit may be sent to a U.S. embassy or consulate or department of Homeland Security (DHS) office abroad for you to pick up, if you request it when you file your application.

With the exception of having to obtain a returning resident visa abroad, a reentry permit does not relieve you of any of the requirements of the United States immigration laws.

If you stay outside the United States for less than one 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).

If you intend to apply in the future for naturalization,absences from the United States for one year or more will generally break the continuity of your required continuous residence in the United States. If you intend to remain outside the United States for one year or more, you should file a Form N-470, Application to preserve Residence for Naturalization Purposes. For further information, contact your local USCIS office.

http://www.uscis.gov/files/form/I-131.pdf

1-2 Years: Reentry Permit

If you are a lawful permanent resident or conditional permanent resident and wish to remain outside the United States for more than one year, but less than two, you require a reentry permit. A reentry permit is not required for a trip that is shorter than one year. (You should note that an absence of more than one year will break the period of continuous residence required to become a citizen, even if a reentry permit is issued -- see Application for Preservation of Residence). A Reentry Permit is also issued to lawful permanent residents who want to travel outside the United States, but cannot get a national passport from their country of nationality. A reentry permit is valid for two years and may not be extended.

An application (Form I-131, Application for Travel Document), along with the supporting documentation and fees, should be submitted while in the United States, at least 30 days prior to your proposed date of departure, to: U.S. Citizenship and Immigration Services, Northern Service Center, 100 Centennial Mall North, Room B-26, Lincoln, Nebraska 68508. If you think you may have to leave the United States before the reentry permit is received, you may have it sent to a U.S. Consulate or USCIS office overseas for pick up. There is a place on Form I-131 to furnish the information necessary to receive the reentry permit outside of the United States. However, even though you may receive the reentry permit overseas, the application must be submitted while you are still in the United States.

http://www.foreignborn.com/visas_imm/enter...talien.htm#1to2

Edited April 16, 2007 by MarilynP