I-131 Denied; verbal warning, seeking advice.

[babble 2]

Jan 15 2017: 1st entry to US using i-551

Jan 30 2017: Departed US to finish degree

Oct 16 2017: Applied for re-entry permit while outside the US

Nov 18 2017: Entered US; went through secondary inspection; and was given a verbal warning to apply for a i-131 (no written warning on passport; just "LPR" on stamp) 

Nov 22 2017: Biometrics appointment for i-131

Nov 28 2017: Departed US to finish degree

Jan 26 2018: i-131 denied since I applied while outside the US. 

 

Earliest I can travel back would be June after I graduate, I can show the I-131 denial letter; but would that be sufficient? 

 

 

 

Edited January 27, 2018 by babble

[JoJoJoJo 170]

56 minutes ago, babble said:

Jan 15 2017: 1st entry to US using i-551

Jan 30 2017: Departed US to finish degree

Oct 16 2017: Applied for re-entry permit while outside the US

Nov 18 2017: Entered US; went through secondary inspection; and was given a verbal warning to apply for a i-131 (no written warning on passport; just "LPR" on stamp) 

Nov 22 2017: Biometrics appointment for i-131

Nov 28 2017: Departed US to finish degree

Jan 26 2018: i-131 denied since I applied while outside the US. 

 

Earliest I can travel back would be June after I graduate, I can show the I-131 denial letter; but would that be sufficient? 

 

 

 

Do you mean show I-131 denial letter to enter the US? Probably no.

[babble 2]

1 minute ago, JoJoJoJo said:

Do you mean show I-131 denial letter to enter the US? Probably no.

yes, in addition to the GC; it will be evidence against abandonment? in June, I will still be under the one year limit; but since I was given a warning in Nov 2017; which I am sure was recorded in the system, I am basically stuck ...

[JoJoJoJo 170]

24 minutes ago, babble said:

yes, in addition to the GC; it will be evidence against abandonment? in June, I will still be under the one year limit; but since I was given a warning in Nov 2017; which I am sure was recorded in the system, I am basically stuck ...

I think you were supposed to wait until your  I-131 was approved before you left the US because you plan to stay outside the US for a long time.

 

Normally if you wanted to travel outside the US temporarily, that is fine with GC when you return to the US. But if you wanted to stay outside the US for a long time, you needed to get permission (I-131) before you departed the US. Otherwise, your GC would be at risk of being deemed abandoned. Maybe this is what your warning was for.

 

Maybe you could come back to the US ASAP and apply for I-131 again. Wait until you are approved and get the I-131 before you depart.

 

Let's see if there are other ideas from VJers.

 

BTW, your re-entry permit applied on Oct 16 2017 was not approved, right?

 

Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country. I think this might be your case, even thought you are within 1 year limit.

 

Edited January 27, 2018 by JoJoJoJo

[abum 324]

Just now, JoJoJoJo said:

I think you were supposed to wait until your  I-131 was approved before you left the US because you plan to stay outside the US for a long time.

 

Normally if you wanted to travel outside the US temporarily, that is fine with GC when you return to the US. But if you wanted to stay outside the US for a long time, you needed to get permission (I-131) before you departed the US. Otherwise, your GC would be at risk of being deemed abandoned. Maybe this is what your warning was for.

 

Maybe you could come back to the US ASAP and apply for I-131 again. Wait until you are approved and get the I-131 before you depart.

 

Let's see if there are other ideas from VJers.

 

BTW, your re-entry permit applied on Oct 16 2017 was not approved, right?

 

The re-entry permit was denied due to the OP applying from abroad (it has been stated on the site that I-131 needs to be applied with the applicant physically be on US soil). 

I think you would still be okay, though the last entry was just 10 days, might not seem sufficient to prove that stay was nothing more than trying to "reset the clock".

 

Still, June this year would be okay i suppose, and you might have a stronger case, should the unfortunate event happens (where you are paroled into the USA but have to appear before an Immigrant judge)

[babble 2]

3 minutes ago, JoJoJoJo said:

I think you were supposed to wait until your  I-131 was approved before you left the US because you plan to stay outside the US for a long time.

 

Normally if you wanted to travel outside the US temporarily, that is fine with GC when you return to the US. But if you wanted to stay outside the US for a long time, you needed to get permission (I-131) before you departed the US. Otherwise, your GC would be at risk of being deemed abandoned. Maybe this is what your warning was for.

 

Maybe you could come back to the US ASAP and apply for I-131 again. Wait until you are approved and get the I-131 before you depart.

 

Let's see if there are other ideas from VJers.

 

BTW, your re-entry permit applied on Oct 16 2017 was not approved, right?

 

My mistake is that I applied while outside the US, I got my denial today...

[SusieQQQ 11,587]

1 hour ago, babble said:

Jan 15 2017: 1st entry to US using i-551

Jan 30 2017: Departed US to finish degree

Oct 16 2017: Applied for re-entry permit while outside the US

Nov 18 2017: Entered US; went through secondary inspection; and was given a verbal warning to apply for a i-131 (no written warning on passport; just "LPR" on stamp) 

Nov 22 2017: Biometrics appointment for i-131

Nov 28 2017: Departed US to finish degree

Jan 26 2018: i-131 denied since I applied while outside the US. 

 

Earliest I can travel back would be June after I graduate, I can show the I-131 denial letter; but would that be sufficient? 

 

 

 

On the face of it, I don’t see how a denial of a re-entry permit can be used to apply for re-entry. 

(Lesson to others: read instructions on your form.) You’d probably have better luck using the argument that your absence was less than a year, though expect difficulty with having spent just 10 days in a year and a half actually within the US. Worst case you get sent before an immigration judge.

[Michael2017 368]

1. yes, you should have applied for re-entry permit from withing USA, after that leave.

2. the warning is surely recorded

3. As long as you come within 1 year, you do have good chances that they will just be very pissed,

but that is all. 

4. Make sure that you bring documents that show why your travel abroad was TEMPORARY

and what TIES to the US you have maintained (US mailing address, US Bank accounts, Rentals, 

Relatives, Utilities, Library cards etc). If you can show you have ties to the US, chances are they will let you go.

5. IMPORTANT: CBP can not  take your green card. They can only refer you to an immigration judge that

will take a decision. Often CBP will ask you to give up your green card. Don`t do that and ask for an court

to decide. 

 

My gut feeling: If you are under 1 year and you have your ties to US with you, chances are they will just be pissed

and let you go... 

[Michael2017 368]

P.S. Come with a ONE WAY TICKET. Not a round ticket which would indicate that you are a visitor.