Jump to content

Recommended Posts

Hi, Had to make a new account because I forgot the password and in China I can't access gmail!

 

QUESTION. My wife has an I-131. I've looked everyplace to try to answer this question but couldn't even find it on uscis. 131 is good for 2 years. If she goes back to the USA for some business she needs to attend to before that (needs to be there in October and might need to stay until December) and then comes back to China, is the 131 still good or once she comes back to the USA do we need to get another 131. She's in China now (me too) to care for her parents. Same reason why she'd come back to China again. Any help would be appreciated! THANKS!! Marc and Rosie

Edited by Rosie (see edit history)
Link to comment

It's hard to find anything that explicitly states that the I-131 is a multi-entry Permit, but the USCIS does state this in the I-131 instructions:

 

If you are in possession of a valid, unexpired Reentry Permit, you will not be deemed to have abandoned your status as a lawful permanent resident or conditional permanent resident based solely on the duration of your absences from the United States while the permit is valid.

An absence from the United States for 1 year or more will generally break the continuity of your required continuous residence for the purpose of naturalization.

 

 

As I remember, when we got ours 10 years ago, we were issued 2 I-131 Permits - 2 pieces of paper which would allow re-entry. Even then, the advice was to have a copy to present to the IO and hang on to the original, so that it could be re-used.

 

Now, I believe you get a re-usable card that you keep in your possession.

Link to comment

Thanks Randy!

 

The I-131 looks just like a passport booklet with multiple pages. Just a different colored cover. This way I guess they can stamp it as they need to if required multiple times. I guess I need to call uscis and ask. The quote you had still doesn't seem clear to me. I guess 'valid' would be the sticker. If you use it one time is it invalid?

 

Marc and Rosie

Link to comment

Thanks Randy!

 

The I-131 looks just like a passport booklet with multiple pages. Just a different colored cover. This way I guess they can stamp it as they need to if required multiple times. I guess I need to call uscis and ask. The quote you had still doesn't seem clear to me. I guess 'valid' would be the sticker. If you use it one time is it invalid?

 

Marc and Rosie

 

 

It seems pretty clear that it IS a two-year permit, just not ENTIRELY clear that it IS multiple-use. Speaking for myself, I AM fairly comfortable saying that it WILL be good for multiple entries. Sorry I can't do any better than that - I'll keep looking myself

Link to comment

Here you go:

 

http://www.uscis.gov/sites/default/files/Beacon_En.jpg

 

Top Five Questions About Advance Parole

 

1. Why are some Advance Parole (AP) documents issued for multiple entries and some for a single entry?

Most AP documents are issued for multiple entries; however, they may be issued for a single entry. Please also keep in mind that the granting of AP is a discretionary action and USCIS is not statutorily obligated to issue AP.

 

Link to comment

From: https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents

Travel Documents-Form I-131, Application for Travel Document, is used to apply for three different types of travel documents:
  • Advance Parole
  • Refugee Travel Document
  • Re-Entry Permit

And, "Re-entry Permit A re-entry permit allows a permanent resident or conditional resident to apply for admission to the U.S. upon returning from abroad during the permit’s validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate. Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more."

 

If the stay outside the US is less than one year, the answer is straight forward:

Can a U.S. lawful permanent resident leave multiple times and return

I am a lawful permanent resident of the U.S., can I leave the U.S. multiple times and return?

If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more.

 

The key answer may be hidden in the question how long were you gone?

 

https://help.cbp.gov/app/answers/detail/a_id/820/~/can-a-u.s.-lawful-permanent-resident-leave-multiple-times-and-return

 

A couple of web-based attorney sites said the answer was yes, a re-entry permit is good throughout it's validity. Same as above, I could not find verifiable proof of that. Maybe an Info Pass appointment or phone call gets you a more reliable answer.

Link to comment
From Section 52.3 \ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 52 Reentry Permits. \ 52.3 Adjudication.
(1) Approval and Period of Validity of Permit .

If you approve the application, the permit should be made valid for two years, for multiple entries, unless otherwise restricted. However, the validity period of a reentry permit issued to a conditional resident must be restricted to the date of expiration of the conditional resident's status unless the applicant has filed a Form I-751 and it has been granted. You can use the Marriage Fraud Amendment System (MFAS) to verify the status of any Form I-751 filed.
Link to comment

Thanks! Looked at the 131 and under Entries it has an M which has always meant multiple. And from the info given by all you guys it looks like she can pretty much come and go as required if she's not worried about naturalization. Which she's not as we most likely will live in China after I retire...unless her daughter and nephew move to the USA and then everything will probably change. Thanks so much for your help!! Marc and Rosie

Link to comment

Please sign in to comment

You will be able to leave a comment after signing in



Sign In Now
×
×
  • Create New...