I-131

[USAkiwi]

Hi all,

I was initially not going to bother with filing an I-131 with my initial application, as we're planning to stay in the US until the GC application is processed. However after reading through the form I realise it is also the re-entry permit application for permanent residents. As we will definitely be in & out of the US after processing (assuming a successful application), this will be a necessity. It seems the form is trying to cover all bases, which is somewhat understandable but it introduces a deal of complexity.

Can someone please confirm the following:

1) A GC (I-551) is *not* sufficient for reentry

2) Applying for I-131 as a post GC reentry permit (as opposed to Advance Parole) can still be done consecutively with I-130 & I-485 etc. On page 8 of the instructions document it states you must include a copy of your GC (or copy of passport showing admission as a permanent resident, which is clearly not the case for entry under VWP). If it's not that case that this can be done consecutively in that case of someone on VWP, does the $360 fee then apply?

3) In the case of a general re-entry visa for permanent residents (for the purpose of holidays, business trips etc), how have others filled in Part 3 (which appears to be a requirement in all cases)? Is it expected that you will know your planned travel outside the US for the next 2 years? Do they require this detail for all trips? Depending on the answer to #2 above, this may not be something to worry about at this point.

Thanks!

[rayb]

You cannot use the Reentry Permit option unless you have a Green Card. At this point, you can only use I-131 for an Advance Parole, which I would highly recommend you do with your Adjustment package submittal.

--Ray B

Hi all,

I was initially not going to bother with filing an I-131 with my initial application, as we're planning to stay in the US until the GC application is processed. However after reading through the form I realise it is also the re-entry permit application for permanent residents. As we will definitely be in & out of the US after processing (assuming a successful application), this will be a necessity. It seems the form is trying to cover all bases, which is somewhat understandable but it introduces a deal of complexity.

Can someone please confirm the following:

1) A GC (I-551) is *not* sufficient for reentry

2) Applying for I-131 as a post GC reentry permit (as opposed to Advance Parole) can still be done consecutively with I-130 & I-485 etc. On page 8 of the instructions document it states you must include a copy of your GC (or copy of passport showing admission as a permanent resident, which is clearly not the case for entry under VWP). If it's not that case that this can be done consecutively in that case of someone on VWP, does the $360 fee then apply?

3) In the case of a general re-entry visa for permanent residents (for the purpose of holidays, business trips etc), how have others filled in Part 3 (which appears to be a requirement in all cases)? Is it expected that you will know your planned travel outside the US for the next 2 years? Do they require this detail for all trips? Depending on the answer to #2 above, this may not be something to worry about at this point.

Thanks!

[USAkiwi]

Thanks Ray,

We don't have any firm travel plans outside of the US but I can put something in. How strictly do you have to stick to the dates? E.g. my parents are talking about visiting & my mother is very keen to see Niagra falls (which means a brief trip into Canada) but I have no firm dates on this. I actually figured I'd just have to send them over the Canadian border with my wife & find a bar on the US side to hang out in As per your advice on my other thread, I prefer to stay in the US if possible to avoid any potential issues at reentry.

If you apply and don't use it then presumably there are no issues. If GC application is successful then does a new I-131 application have to be filed?

Certainly appreciate your advice

You cannot use the Reentry Permit option unless you have a Green Card. At this point, you can only use I-131 for an Advance Parole, which I would highly recommend you do with your Adjustment package submittal.

--Ray B

[USAkiwi]

One other thing: if you enter on the VWP then apply, do you still need to leave North America prior to the expiry of the 3 month period or does the fact there's an application in override this?

Thanks!

Thanks Ray,

We don't have any firm travel plans outside of the US but I can put something in. How strictly do you have to stick to the dates? E.g. my parents are talking about visiting & my mother is very keen to see Niagra falls (which means a brief trip into Canada) but I have no firm dates on this. I actually figured I'd just have to send them over the Canadian border with my wife & find a bar on the US side to hang out in As per your advice on my other thread, I prefer to stay in the US if possible to avoid any potential issues at reentry.

If you apply and don't use it then presumably there are no issues. If GC application is successful then does a new I-131 application have to be filed?

Certainly appreciate your advice

[rayb]

If in the U.S. on a VWP, and you are being petitioned by a U.S. citizen immediate relative, there is no reason to leave the U.S.

I would recommend, however, that you get our paperwork in processing mode with USCIS before your allowabel VWP time expires.

--Ray B

One other thing: if you enter on the VWP then apply, do you still need to leave North America prior to the expiry of the 3 month period or does the fact there's an application in override this?

Thanks!