i-131 Re-entry processing time delay beyond 1 year and its implication

[silvermask1 0]

Hello,

 

Have greencard. Had to leave country for more than a yea so filed for i-131 for re-entry. We finished biometrics in US before leaving. It has been close to a year now and we have not received any decision on i-131 reentry application. Processing time on USCIS shows 15+ months now which is beyond the 1 year limit that GC holder can stay outside of the US from what I understand.

 

Two questions -

1. Could we continue to stay outside the US until we receive decision on i-131? Or do we need to return to US within a year since we have not received i-131 response.

2. If i-131 is approved, is 2 year extension from the date application was approved or from the date we left US.

 

Appreciate your help in advance.

[TBoneTX 45,248]

Welcome to the forum.

 

1.  If you have a receipt notice for your application, you can show it to the CBP agent at port of entry, and you might be granted re-entry without much hassle even after more than a year away.

 

Have you opened an inquiry with your Congressman's immigration liaison?  Doing so may pry the case loose.

[Mike E 11,739]

5 hours ago, silvermask1 said:

 

 

Two questions -

1. Could we continue to stay outside the US until we receive decision on i-131? Or do we need to return to US within a year since we have not received i-131 response.

You need to return within 2 years of when you left the USA. 
 

5 hours ago, silvermask1 said:

 

2. If i-131 is approved, is 2 year extension from the date application was approved or from the date we left US.

 

Appreciate your help in advance.

Unknown but I would return within 2 years of your departure regardless. It is what you asked for and so intent matters when CBP evaluates your return.
 

When you filed I-131 you intended to be gone for no more than 2 years less a day.  Thus based on that intent, if you return before 2 years, CBP has no basis to determine you abandoned status and even it it does, a judge has no basis to agree with CBP.  
 

 

[Chancy 6,241]

*** Moved from General Immigration-Related Discussion to Working & Traveling During US Immigration, where topics related to I-131 processing are discussed ***