I-131

[Going through 5,671]

2 hours ago, mollypicon said:

Thanks for keeping up! I was about to write more stuff. Well, I am guessing that since my husband was visiting his wife and child in the U.S. and then returning abroad to a job (which was not in the U.S> government) that the border guards cut him some slack- is that possible? Now we are moving to be with him, so coming for visits will not make any sense.

How often would he be returning to the States after you move down to the other country?  Or has he decided to give up his LPR status altogether now?

On a side note, was your child born in the US?  If not, you may want to secure her status evidence first with a proof of citizenship certificate before leaving permanently....much easier to do this from within the US than applying from outside, if you need to.

Edited September 16, 2017 by Going through

[mollypicon 0]

15 hours ago, Going through said:

How often would he be returning to the States after you move down to the other country?  Or has he decided to give up his LPR status altogether now?

On a side note, was your child born in the US?  If not, you may want to secure her status evidence first with a proof of citizenship certificate before leaving permanently....much easier to do this from within the US than applying from outside, if you need to.

I think he wants to get the AP/reentry permit so as not to come back to the U.S. for a long time since we'll be living in Bangkok. He wants to move to the U.S. eventually and thinks it will be difficult to go through the green card process again. Daughter was born in the U.S.

[NikLR 13,231]

5 minutes ago, mollypicon said:

I think he wants to get the AP/reentry permit so as not to come back to the U.S. for a long time since we'll be living in Bangkok. He wants to move to the U.S. eventually and thinks it will be difficult to go through the green card process again. Daughter was born in the U.S.

Doesn't matter, he didn't get it before leaving and if questioned they may want to take away his green card altogether as he has not been living in the USA.   Getting a new one is the same process, about a year. 

 

 

[Going through 5,671]

18 minutes ago, mollypicon said:

I think he wants to get the AP/reentry permit so as not to come back to the U.S. for a long time since we'll be living in Bangkok. He wants to move to the U.S. eventually and thinks it will be difficult to go through the green card process again. Daughter was born in the U.S.

He wouldn't qualify for Advanced Parole because of his LPR status.  His chance for the re-entry permit is slim since he's  already left without one (although it depends on how long his trips have been each 12-month period)

 

Be aware that the application for a re-entry permit specifically asks how long the applicant has been outside of the US over the past 5 years total.  He's going to have to be honest on this form because they will check into it.  Purposefully misrepresenting facts could lead to denial of not only the re-entry permit but also any immigration benefits he may apply for again the future.

 

He should look into lawfully giving up his LPR status in the States---it doesn't deter USCIS from granting it again to him in the future.  Personally, this is the safer route for him to go considering he seems to prefer to live outside of the country, and a better alternative than having it revoked forcefully.

 

Edited September 17, 2017 by Going through

[Going through 5,671]

22 minutes ago, mollypicon said:

He wants to move to the U.S. eventually and thinks it will be difficult to go through the green card process again.

Tell him that being placed in immigration court is much more difficult...