Re-entry permit and maintaining Green Card while in China

[Guest ShaQuaNew]

She could maintain her green card by coming to the US every six months or so. It would be best if she stay for a month or two at a time though. If she loses her LPR status and you have to file again another two years in China may well bring your domocile under great scrutiny.

 

 

It's our understanding, after consulting with a team of immigration attorneys in New York, that all one need do to maintain LPR status, is to make periodic visits back to the US as Carl suggests. When it comes to citizenship however, they look at total cumulative time that the LPR spends in the US. The longer you spend outside the US, the longer you must remain in the US to be approved for citizenship. There are benefits to US citizenship for the LPR, but in the case of a Chinese citizen, they must give up their Chinese passport, and citizenship. That may not be an ideal situation for everyone.

[levon]

Just wanted to provide an update on our situation and ask one more question.

 

We went to the USCIS office here last week, and they confirmed that the biometrics (fingerprints) for a Re-entry Permit application should be done in the US. He did say, however, that consulates/embassies abroad can do the biometrics if they chose to. That is to say, it is at their discretion.

 

So my question is, does anyone know if the embassy in Beijing (or the Guangzhou consulate) will do the biometrics for a re-entry permit application?

 

If they will, then we might take the risk and file the $300 application before we leave this weekend. If they won't then we'll try to come back at least every six months. (Unless my wife gets pregnant, in which case we would have to try for a returning residents visa and/or start the process all over again.)

[Guest ShaQuaNew]

Just wanted to provide an update on our situation and ask one more question.

 

We went to the USCIS office here last week, and they confirmed that the biometrics (fingerprints) for a Re-entry Permit application should be done in the US. He did say, however, that consulates/embassies abroad can do the biometrics if they chose to. That is to say, it is at their discretion.

 

So my question is, does anyone know if the embassy in Beijing (or the Guangzhou consulate) will do the biometrics for a re-entry permit application?

 

If they will, then we might take the risk and file the $300 application before we leave this weekend. If they won't then we'll try to come back at least every six months. (Unless my wife gets pregnant, in which case we would have to try for a returning residents visa and/or start the process all over again.)

 

You might try contacting the embassy directly. I did find the following on their Web site:

 

Re-Entry Permits (Form I-131):

The Beijing Field Office does not issue or extend Re-Entry Permits. Instructions on how to obtain or replace a Re-Entry permit are found under Emergency Travel.

 

http://beijing.usembassy-china.org.cn/homeland_security.html

 

Re-Entry Permit

 

Lawful permanent residents (Green Card holders, including conditional residents) should always take their I-551 forms with them when they travel abroad. Having the Form I-551 can help them when they return to a port of entry by providing verification that they actually have been granted LPR status.

 

A Form I-551, however, is generally valid only if the person has not been absent for more than 1 year. LPRs may use reentry permits to seek to reenter the United States if they have been absent for 1 year or more. A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit¡¯s validity, without having to obtain a returning resident visa from the U.S. Embassy or consulate.

 

For LPRs returning to the United States, reentry permits are generally valid for 2 years from the date the reentry permit was issued. The LPR should apply for this benefit before leaving the United States.

 

A reentry permit can also be issued to a lawful permanent resident who, prior to departing a country abroad, applied to a Department of Homeland Security (DHS) office abroad for a duplicate Form I-551 or for a visa waiver under section 211( of the Immigration and Nationality Act (the Act), but who, because of emergent conditions, must depart before action can be completed on their application.

 

Conditional residents may also use reentry permits to reenter the United States after travel of 1 year or more. For conditional residents returning to the United States, reentry permits are generally valid for 2 years from the date the reentry permit was issued or until the date the conditional resident must apply for the removal of conditions, whichever comes first. The conditional resident should apply for this benefit before leaving the United States.

USCIS does not extend the validity period for reentry permits. If a reentry permit is due to expire, the person should file an application for a new reentry permit. See Section 223 of the Act.

Please note that a reentry permit does not guarantee admission into the United States. Aliens with reentry permits are still subject to inspection at the port of entry and may be denied admission if they are inadmissible. It is also important to note that travel outside of the United States for more than 1 year under most circumstances will break the continuous residence requirement for later naturalization purposes. Travel for more than 6 months also may break the continuous residence requirement. See Section 316 ( of the Act.

[Randy W]

Just wanted to provide an update on our situation and ask one more question.

 

We went to the USCIS office here last week, and they confirmed that the biometrics (fingerprints) for a Re-entry Permit application should be done in the US. He did say, however, that consulates/embassies abroad can do the biometrics if they chose to. That is to say, it is at their discretion.

 

So my question is, does anyone know if the embassy in Beijing (or the Guangzhou consulate) will do the biometrics for a re-entry permit application?

 

If they will, then we might take the risk and file the $300 application before we leave this weekend. If they won't then we'll try to come back at least every six months. (Unless my wife gets pregnant, in which case we would have to try for a returning residents visa and/or start the process all over again.)

 

You might try contacting the embassy directly. I did find the following on their Web site:

 

Re-Entry Permits (Form I-131):

The Beijing Field Office does not issue or extend Re-Entry Permits. Instructions on how to obtain or replace a Re-Entry permit are found under Emergency Travel.

 

 

 

 

Yes - but the question was about the bio-metrics, not the re-entry permit

 

I don't think we've heard from anyone doing that for a permit issued in the states, but they do biometrics for the CR visas, so you may be in luck.

 

Don't know for sure.

[Sebastian]

'technically' - the biometrics can be done in china wherever there is a DHS office inside a consulate/embassy - so lets see - where is that? Beijing and Guangzhou, for certain...

 

but imagine the logistics? re-entry permit applied for in the USA, boimetrics appointment 'transferred' to DHS(somewhere in China) and the permit granted in China. I think it's do-able, but hei - huh ? what? who's done it before?

 

FWIW, it does sound like the 'whole thing' can be handled in China. (File in China, all done in China)... but...

 

Go back to the states - view it as a 'small vacation' - and a way to 'maintain domicile' every few months.. (that's really my only advice, don't pursue the re-entry permit).

[Guest ShaQuaNew]

 

Yes - but the question was about the bio-metrics, not the re-entry permit

 

I don't think we've heard from anyone doing that for a permit issued in the states, but they do biometrics for the CR visas, so you may be in luck.

 

Don't know for sure.

 

...that's why I suggested....

 

You might try contacting the embassy directly.

 

We discussed various re-entry permit scenarios with our attorneys a few months ago. They specifically mentioned that you MUST file the paperwork in the US and obtain the permit there BEFORE you leave. I've never heard of anyone starting the paperwork in the US and getting the biometrics for it completed in China. It might be allowed, but I've yet to see anything specific written in that regard.

 

It's an easy phone call to make to the embassy and ask them directly. It would be nice to see what levon discovers.

[levon]

Just called the embassy, and they weren't all that excited to talk to me.

 

Some relevant quotes, all in response to repeated askings of "Could you do the biometrics?":

 

"We strongly suggest that you do the biometrics before you leave the United States."

 

"She can fly back to the United States to do the biometrics."

 

"We're not authorized to do that sort of thing."

 

"It's not that we've never done it before, but for emergencies."

 

"We suggest that you change your departure date."

 

"You should do the biometrics in the United States or there will be many problems."

 

My takeaway is that I could probably get them to do it, but I'm not sure, and it would definitely be a pain.

 

I think what we're going to do is go back without applying for the permit, and if we end up not being able to come back to the US for over a year due to pregnancy/childbirth, then that's a pretty decent basis to apply for a returning resident visa on, and we'll just go that route.

 

Unless someone can convince me to send in the I-131 application tomorrow and brave the biometrics in Beijing.

[Sebastian]

I'd call back, ask for DHS office or liason, and ask again.

[whome?]

I'd call back, ask for DHS office or liason, and ask again.

 

You can call but does anyone really trust the information you get? Remember the topic we had a few weeks ago about hte article where the couple when on a day cruise and ask the immigration offical at customs if the trip would be a problem and he said no it would not but it turned out it was?

 

I would follow the procedures and apply for and get the re-entry permit.

 

This situation (possibility of getting another 1-2 yr assignment in China) was why I decide to file in USA for K-3 Visa (2 yrs) instead of DCf for CR-1.

[Guest ShaQuaNew]

I'd call back, ask for DHS office or liason, and ask again.

 

You can call but does anyone really trust the information you get? Remember the topic we had a few weeks ago about hte article where the couple when on a day cruise and ask the immigration offical at customs if the trip would be a problem and he said no it would not but it turned out it was?

 

I would follow the procedures and apply for and get the re-entry permit.

 

This situation (possibility of getting another 1-2 yr assignment in China) was why I decide to file in USA for K-3 Visa (2 yrs) instead of DCf for CR-1.

 

Thanks for the feedback levon. It pretty much confirms what we'd already heard. I can tell you, that after talking to three different immigration attorneys in New York, that each and every one insisted that you MUST complete the re-entry permit BEFORE you leave the US.

[david_dawei]

There seems a few options:

1. Change your departure date and secure the re-entry permit before going back to china

2. Ignoring getting it now. Go back to china. Return to US in 6-8 months and plan to get one then.

 

It might look better if you return to the US in 6-8 months rather than 2 years later with a re-entry permit.

 

3. Of course, another option would be to file for the re-entry permit... then go back to china. When biometrics come up, go back to US. Seems a waste of money and trips but is an option.

 

I think there is less an issue of losing the green card since your working in china; it's not like she is going back to china for a visit. But don't take anything for granted, this just means you have a reasonable reason for her being out of the US; but still need to properly secure means of returning to the US.

[Guest ShaQuaNew]

There seems a few options:

1. Change your departure date and secure the re-entry permit before going back to china

2. Ignoring getting it now. Go back to china. Return to US in 6-8 months and plan to get one then.

 

It might look better if you return to the US in 6-8 months rather than 2 years later with a re-entry permit.

 

3. Of course, another option would be to file for the re-entry permit... then go back to china. When biometrics come up, go back to US. Seems a waste of money and trips but is an option.

 

I think there is less an issue of losing the green card since your working in china; it's not like she is going back to china for a visit. But don't take anything for granted, this just means you have a reasonable reason for her being out of the US; but still need to properly secure means of returning to the US.

 

The bottom line here, is that the re-entry permit was created for LPRs who will be away from the US for two years or more, without returning. The guidelines are, that an LPR (Legal Permanent Resident otherwise known as a green card holder), should return every six months or so. The law states one year, but how the law is enforced is quite another.

 

If you've got the time and energy to expend before you leave the US, and are there from the start of initiating the re-entry permit, and can remain until you finish the biometrics and actually get the permit in hand, than cool. You've got it; no worries. On the other hand, if you do like we did, which is leave, and make periodic trips back every six months or so, then you will be fine. That seems the better option, unless you're in a situation that the Chinese citizen and LPR will be unable to make that trip. I find it hard to envision that scenario, as anyone should be able to book and travel to an airport every six months and stay in the US for at least one-month.