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Green card re-entry permit I-131 form?
Hi. My cousin got a g.c. through her US citizen dad and she arrived in the US 2 years ago staying Nov-Feb in '18, but she decided to first visit the US only as she had unfinished business in her homeland so she returned back after her 2-month stay here, but she petitioned for a re-entry permit so while she was going to return in a year (around last March), due to corona, her plans changed so she stayed in the homeland for another year (2 yrs total) Her re-entry permit is expiring in Feb now, so she is about to visit in a week (mid-Jan) to make it before the expiration now that airlines are working. She will stay for 2 weeks this time only & will leave again to her homeland for another year until she sells her business and is ready to permanently move to the US so our question is the following regarding her current re-entry permit that will expire after she arrives in the US: can she extend that re-entry permit passport that she has, as in file some type fo extension, OR that passport becomes invalid in February & we would need to re-apply for her I-131 from scratch all over again? I don't know if there's such a thing as extending the current re-entry permit or not. I will help her filling the app but I wanted to know if the biometrics is needed again like 2 years ago for her re-entry or not? Please advise only if you have done it or have knowledge of re-entry permits. Thanks
4 Answers
- ibu guruLv 73 months ago
Green card holders are REQUIRED to establish & MAINTAIN permanent residence in the US, and there are restrictions on extended absence, as that proves they are NOT making the US their permanent home. She MIGHT have been granted some leniency in getting a reentry permit due to the covid travel restrictions situation. But she has had 2 years to close down her business & any other ties to her original country. If she leaves again, expect her GC to be revoked. That permit allows her to reenter once, but she either remains in US & gets to work, gets a home, etc. Or return to her own country permanently. She is not eligible to apply for another reentry permit - she used up her chance at that.
BTW, did she file her US income tax returns for 2018 & 2019, and pay any taxes due, while she was out of US? If not, she can be prosecuted for tax evasion/tax fraud, imprisoned & deported with permanent bar to entry.
- W.T. DoorLv 73 months ago
Hopefully, US Immigration will realize she is not living in the USA, cancel her USPR status, and deny her entry.
- FoofaLv 73 months ago
This GC petition was clearly applied for way too early and long before your cousin was actually prepared to live in the US. I highly doubt she'll be admitted to the US in mid January (and that actually will be because of COVID, as opposed to her trying to use a 10 month old virus as an excuse for why she's been out of the country for two solid years). She should speak with a US immigration lawyer but in all likelihood her father will have start over in his sponsorship. This time he should wait until she's actually ready to relocate.
- MaxiLv 73 months ago
Your cousin was not and is still not ready to commit to the US. once out for 1year she has lost her Green card and the process will have to start all over again
