Filing I-131 Reentry Permit and leaving directly after

[Nitas_man 3,100]

1 hour ago, aaron2020 said:

Chill with the scare tactics.  Border agents do not the right to entry to a US citizen.  

They don’t have the right to interfere at all with USC entry / exit.  Once they verify citizenship their jurisdiction ends.

Customs is another story but that’s limited to whatever you’re carrying.

 

3 hours ago, ordjnb said:

Planning a bit ahead here seeing as my parent's haven't been approved for their I-130 yet. 

For a couple of reasons, my parents are not able to live in the US quite yet, at least not for the next 2-3 years. But we would like to apply for and keep their green cards valid, so here is my plan:

1. Day 1 - Parents complete consular processing and receive their visa packet and enter the US
2. Day 1 -  I use their I-551 stamp and mail out an application for their I-131 Reentry permits for next day delivery. Since they need to be within the US during the time of the application
3. Day 2 – USCIS receives their I-131
4. Day 4 – Parents leave the US

Whenever I get the biometrics appointment letter, my parents will come back in for fingerprinting and leave again.

Does this makes sense? In particular between Day 2 and 4, worried that they might get officially processed Day 5 but they have already left the country. Any risks involved? Thoughts?

LOL It takes weeks to process an I-131.  We’re pros at staying out.  My fault, not hers.

 

In Short:  your plan will work for a couple years if they set up strong ties to the US.  After that they get maybe one more trip then they’ll get noticed and those ties will get audited.  Worst case:  New immigrant visa (SB1) or if they’re unlucky you’ll have to file a new petition.  

 

In all of this they need to establish some ties.  Bank accounts.  Credit cards.  Drivers licenses.  Get a car for them and park it or at a minimum get them licensed and on your car insurance.  US cell phones.  US health insurance.  File and pay US taxes.  You know the drill.

 

Entering and exiting on a travel document / visa only is a bad idea.  They need to be carrying their green cards.  

 

They do this with no demonstrable ties they risk secondary and getting a hearing. No matter that they have a travel document.  Good luck.

[ordjnb 40]

4 minutes ago, Boiler said:

I do not see any new laws on the immigration front, I can not see with the US political system any getting agreed.

 

I could see the Public Charge issue being tightened up, most western countries have much tighter requirements, and obviously the current requirements have no relationship to the likely costs of someone aged or with medical issues moving to the US.

Yeah, public charge is an issue I can foresee, and again, that's a couple years away for me to formulate a strategy. 

 

Tried to answer your other questions, but didn't know where edit button went

 

56 minutes ago, Boiler said:

Obviously siblings take a long time and who knows how future immigration laws will change so based on current laws my first thought would be is this an issue for your Parents to move? If they have a life expectancy longer than the sibling petition then this seems overkill. If they are older/health issues that raises another can of worms.

 

It's really insurance for me. Both parents are healthy, but I have no idea what the future holds and I want to dot all my i's and cross all my t's. 

 

2 minutes ago, Nitas_man said:

They don’t have the right to interfere at all with USC entry / exit.  Once they verify citizenship their jurisdiction ends.

Customs is another story but that’s limited to whatever you’re carrying.

 

LOL It takes weeks to process an I-131.  We’re pros at staying out.  My fault, not hers.

 

In Short:  your plan will work for a couple years if they set up strong ties to the US.  After that they get maybe one more trip then they’ll get noticed and those ties will get audited.  Worst case:  New immigrant visa (SB1) or if they’re unlucky you’ll have to file a new petition.  

 

In all of this they need to establish some ties.  Bank accounts.  Credit cards.  Drivers licenses.  Get a car for them and park it or at a minimum get them licensed and on your car insurance.  US cell phones.  US health insurance.  File and pay US taxes.  You know the drill.

 

Entering and exiting on a travel document / visa only is a bad idea.  They need to be carrying their green cards.  

 

They do this with no demonstrable ties they risk secondary and getting a hearing. No matter that they have a travel document.  Good luck.

Thanks, this was very helpful. Yes, the idea is that they set up bank accounts and get their driver's licence and pay taxes, 100%. 

They will be visiting periodically while they're re-entry permit is in force to start setting up their lives here, I don't expect them to be away the entire 2 years the document is valid.  

[nompish 86]

The public charge hurdle is something you can focus on later;closer to  his immigration. Your parents leaving after 5 days i don't think that will be possible to be honest. 

 

is it possible in the preceding years before his immigration to focus on having him learn a trade? that could help in overcoming the public charge part. 

Edited July 29, 2019 by nompish

[Boiler 45,557]

There is one obvious thing to consider if the situation arises, moving back.

[ordjnb 40]

1 minute ago, nompish said:

The public charge hurdle is something you can focus on later;closer to  his immigration. Your parents leaving after 5 days i don't think that will be possible to be honest. 

I think I'll just be safe and make it a week long. 

 

1 minute ago, Boiler said:

There is one obvious thing to consider if the situation arises, moving back.

Expand? 

[geowrian 22,337]

1 minute ago, ordjnb said:

Expand? 

Worse comes to worse, the parents remain abroad for now, and you move abroad if it becomes necessary.

[Scott001 128]

I've also been looking in to this lately as well. I have a feeling once my wife's application is approved, she'll need to wrap up a few things before coming here. Try checking out this tread. Similar to your plan, just not quite as fast.

 

 

 

[Russ&Caro 1,549]

I didn't know a reentry permit allowed people to come and go multiple times over the term. I thought it was a one time use permit.

[geowrian 22,337]

32 minutes ago, Russ&Caro said:

I didn't know a reentry permit allowed people to come and go multiple times over the term. I thought it was a one time use permit.

Yup, it's not single-use.

[HRQX 4,145]

1 hour ago, Russ&Caro said:

I didn't know a reentry permit allowed people to come and go multiple times over the term. I thought it was a one time use permit.

8 U.S.C. § 1203(c):

Quote

Multiple reentries

During the period of validity, such permit may be used by the alien in making one or more applications for reentry into the United States.

 

[JFH 12,190]

Since you have no restrictions on entering and exiting, and do not require a re-entry permit, have you considered moving to be with your brother whilst your parents stay here? 

[dentsflogged 352]

11 hours ago, Sparky11564 said:

The purpose of the exercise is to become a US Citizen. If they don’t or won’t live here why bother? Border agents have the right to refuse ANYONE, even US citizen tye right to entry. If they play this shell game, snd I was a border patrol agent, it would definitely raise a red flag for me. Why don’t you just wait until they are capable of living here? Maybe im missing something but you sound shady to me already 

Can you show any reputable sources where a US citizen has been refused entry?

[HRQX 4,145]

30 minutes ago, dentsflogged said:

Can you show any reputable sources where a US citizen has been refused entry?

There are a few cases where CBP screwed up and the government had to later settle in court: https://www.newsday.com/news/nation/leonel-ruiz-to-get-32-500-in-settlement-over-daughter-s-detention-deportation-officials-say-1.10605312

By law, US citizens and Canadian-born American Indians* are guaranteed entry.

*per 8 U.S.C. §1359 and Akins v. Saxbe

[Nitas_man 3,100]

8 hours ago, Russ&Caro said:

I didn't know a reentry permit allowed people to come and go multiple times over the term. I thought it was a one time use permit.

It looks like a passport book actually