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[Question] “Working in Canada while I have a Green Card. Coming to the United Are you a lawful permanent resident (Green Card Holder) and have long absences coming up outside of the United States? How can a Reentry Permit help you keep your Green Card? Get the FREE Ultimate Marriage Green Card E-Book Here: Schedule a Consultation With Me (Fees Apply): info@jqklaw.com Live Q&A w\/ Immigration Lawyer John Khosravi […]<\/p>\n","protected":false},"author":1,"featured_media":8612,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"video","meta":{"footnotes":""},"categories":[4],"tags":[726,64,151,2468,5561,63,45,44,23578,5891,2671,824,23579,65,722,12],"class_list":["post-8611","post","type-post","status-publish","format-video","has-post-thumbnail","hentry","category-usa","tag-america","tag-card","tag-citizenship","tag-consular-processing","tag-embassy","tag-green","tag-green-card","tag-immigration","tag-keeping","tag-lawful-permanent-status","tag-naturalization","tag-permit","tag-reentry","tag-usa","tag-uscis","tag-visa","post_format-post-format-video"],"_links":{"self":[{"href":"https:\/\/immigranttravels.com\/index.php\/wp-json\/wp\/v2\/posts\/8611","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/immigranttravels.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/immigranttravels.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/immigranttravels.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/immigranttravels.com\/index.php\/wp-json\/wp\/v2\/comments?post=8611"}],"version-history":[{"count":0,"href":"https:\/\/immigranttravels.com\/index.php\/wp-json\/wp\/v2\/posts\/8611\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/immigranttravels.com\/index.php\/wp-json\/wp\/v2\/media\/8612"}],"wp:attachment":[{"href":"https:\/\/immigranttravels.com\/index.php\/wp-json\/wp\/v2\/media?parent=8611"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/immigranttravels.com\/index.php\/wp-json\/wp\/v2\/categories?post=8611"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/immigranttravels.com\/index.php\/wp-json\/wp\/v2\/tags?post=8611"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nStates last time, I was told I need a travel document. Is that
\nthe I-131 and can that be applied” It can’t.That’s a really
\nimportant question.
\nI’m glad you asked that because no, you can’t. If
\nyou have a Green Card and you’re spending too
\nmuch time outside of the United States and not really residing
\nhere, that’s problematic.
\nBecause a Green Card means “I’m a resident of America, I’m
\nliving there.”
\nBut if you’re actually not living there and you’re outside, that could
\ncause accusations of Abandonment of your Green Card and cause
\nyou to lose it.
\nAnd so one of the ways to help bolster your arguments and
\nsay, “This is just temporary work and I don’t plan
\non giving up my Green Card and abandoning my residency in
\nthe United States” is submitting what’s called a Re-entry
\nPermit with Form I-131. Re-entry Permit Form I-131.
\nThere are some nuances to this. A Re-entry Permit requires
\nyou by regulation that you be physically in the United States
\nwhen you apply for it, so you can’t be overseas.
\nYou have to be in the United States. And typically, there’s
\na fingerprinting appointment that comes 1 or 2 months later.
\nSo with saying that, if you do submit it and there’s
\ngoing to be a fingerprinting appointment where you have to be
\nin the U.S. again.
\nHistorically too, I would have my clients submit
\nthe case once they have it in the Government’s hands.
\nWe know we have it, they would leave and then whenever we
\nget the fingerprinting appointment, they would come back.
\nBut under this Administration, it’s not clear whether that
\nis still legal or not.
\nSo I tell clients to submit Biometrics and wait for
\na fingerprinting appointment, which means you might be stuck
\nhere 1 or 2 months on typical circumstances, but 2
\nother nuances
\ncome. One is, with the coronavirus, the fingerprinting appointments
\nhave shut down.
\nSo we have cases where they submit it, months and months go
\nby, and no fingerprinting appointment.
\nSo that’s a weird thing.
\nAlthough they have started to reopen the fingerprinting.
\nSecondly, a colleague just posted today that they got a Re-entry
\nPermit that they had submitted in January or February,
\napproved today without fingerprints.
\nSo that may happen, too. So it’s a really difficult position.
\nThey put you in between the coronavirus and all the all the
\nstuff that’s going on with the current Administration, but
\nthe short answer to your question of do you have to physically be in
\nthe United
\nStates when it’s applied?” Yes. Will there be Biometrics?
\nProbably, now that they’re reopening. Can you leave in
\nbetween? Maybe. Not the best answers.
\nBut if you’re in Canada, this might be easy enough for you.
\nJust come back and forth in the U.S.
\nfrequently enough to avoid that kind of problem and
\nmaybe keep a residence here, have utilities.
\nDo you really need to consult an attorney to plan for this
\nkind of stuff?
\nSo have a consultation with an attorney to look over your
\nlife, your plans, and strategize how to avoid losing the Green
\nCard and losing residency.
\nAnd so you really need to have… hopefully have an
\nattorney when you got your Green Card. That’s important,
\nhaving an advocate or a consultant, a person that’s
\nwith you and plans for these things ahead of time.
\nYou shouldn’t have had to been told this. You should have
\nbeen prepared beforehand, so that when the time comes at
\nthe border, you wouldn’t have to deal with this kind of situation.
\nThat all comes with planning with your individual attorney,
\nand that’s what we’re here for.
\nThis is just one of the many things you
\nhave to watch out for and to be prepared for. So hopefully that
\ninformation helped and you get the help that you need eventually.
\n
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