Dear yybam:
Thank for your question. Unfortunately, there is no legal document
that you can obtain to ensure your permanent resident status if you
stay abroad outside of the United States for more than two years. Here
is the information straight from the INS:
"How do I maintain status? A Lawful Permanent Resident (LPR) or
Conditional Resident (CR) of the United States will maintain status
provided he/she maintains a bona fide domicile in the United States
and does not remain outside the country for more than one year. An LPR
or CR in possession of a re-entry permit issued by the office of the
Immigration and Naturalization Service (INS) in the United Sates may
remain outside the U.S. until the date the permit expires, which is
usually two years from the date of issuance."
Source:
http://www.usembassy.org.uk/cons_web/visa/iv/returningres.htm
If you stay abroad for more than two years (or after your reentry
permit expires), then you must file for a new visa:
"What if I have been outside the U.S. for longer than 12 months? An
LPR or CR who has remained outside the United States for longer than
twelve months, or beyond the validity period of a re-entry permit,
will require a new immigrant visa to reenter the United States and
resume permanent residence."
Source: http://www.usembassy.org.uk/cons_web/visa/iv/returningres.htm
There is apparently an exception if you were forced to stay for more
than 12 months due to circumstances beyond your control, but you must
provide evidence thereof:
"A provision exists under U.S. visa law for the issuance of special
immigrant status as a returning resident to an alien who has remained
outside the United States due to circumstances beyond his/her control.
While being granted returning resident status eliminates the
requirement that an immigrant visa petition be filed on the
individual’s behalf with the INS, the applicant is required to
establish his/her eligibility for an immigrant visa, attend a medical
and pay a new set of visa and medical fees."
Source: http://www.usembassy.org.uk/cons_web/visa/iv/returningres.htm
If you would like to apply for a reentry permit to see if you can
extend your reentry permit beyond two years, you must submit an I-131
application for travel document:
http://www.ins.usdoj.gov/graphics/formsfee/forms/i-131.htm
Google Search Terms:
permanent resident united states visa
://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&safe=off&q=permanent+resident+united+states+visa
I hope this was the information you were looking for! If you need any
clarifications, please don't hesitate to ask. I would be more than
happy to assist you further. |
Request for Answer Clarification by
yybam-ga
on
14 Jul 2002 04:13 PDT
Thank you for your research, but I-131 has to be filed from with in
USA (according to form instructions). Person is going back to USA. Old
reentry permit has expired. Person is appling for returning resident
visa, this visa has to be stamped in the passport (travel document).
The person is a refuge from former USSR, who later on became a
permanent resident so he doesn’t have any passport. The question is if
there are cases when I-131 could be filed from abroad, or if US
consulate could issue some sort of another document. It is taking
place in Italy.
|
Clarification of Answer by
blader-ga
on
14 Jul 2002 13:37 PDT
Dear yybam:
Thank you for your clarification request. According to the INS, the
I-131 MUST be submitted within the United States. There is simply no
way to submit an application for re-entry if the applicant is
overseas. However, there may be another option for you.
You could submit a form DS-117 from other seas, which is a
"Application to Determine Returning Resident Status." If you submit
valid evidence and it is approved, then a returning resident travel
document will be issued to you by the INS. You can download a form
DS-117 below:
http://travel.state.gov/DS-0117.pdf
If you have any more questions, please don't hesitate to ask. I would
be more than happy to assist you further.
Best Regards,
blader-ga
|
Request for Answer Clarification by
yybam-ga
on
14 Jul 2002 14:54 PDT
Thank you for your clarification. I know about ds-117, it helps to get
a returning resident visa.
But visa has to be stamped into the passport. Passport (reentry
permit) is expired. In some cases
INS issues Refuge Travel Documents even if person is appling from
abroad. Would you know if it was done for someone who is abroad for
more then two years?
|
Clarification of Answer by
blader-ga
on
14 Jul 2002 16:51 PDT
Dear yybam:
Thank you for your clarification request. From all indications from
information available on the INS and US Embassy websites, their
official policy is to only accept applications from United States
residences. If there is an possibility of an exception for certain
special circumstances, I am not personally aware of them. However, you
can contact the United States Consulate in Italy for further
information. Here is their contact info:
Visa Information Service: 166 128 634 (within Italy only)
Fax Consulate General: (39) 081 583-8394
Address: Consolato Generale Americano,
Piazza della Repubblica,
80122 Napoli, Italy.
If you have any more questions, I would be more than happy to assist
you further.
Best Regards,
blader-ga
|
