Applying for re-entry permit without US address

[yorkville101]

I am a US permanent resident currently residing in HK. I had applied and received an re-entry permit before I left US almost two years ago. I was living in New York at the time. The re-entry permit is expiring in a few months, I understand I need to apply for a new one.

My question is, can I apply for the re-entry permit in Guam as well as get my biometrics done in Guam (closest US territory)? As I no long have a residency in US, can I simply put down a friend's address in Guam on Form I-131? If this is possible, would USCIS schedule the biometric appointment at ASC center near Guam (based on the address I put on Form I-131) or near my old address in New York?

I know there is a Form AR-11 which one can use to notify USCIS about change of address within US. Perhaps I need to file that form to change address from New York to Guam before filing Form I-131?

I have read about other people going to Guam to file the re-entry permit, but end up with biometric appointment scheduled for ASC center near their old or permanent US residency, which then leading to people attempting "walk in"s at Guam ASC center. As "walk in" is at the discretion of the ASC staff, this is a situation I like to avoid.

[rayb]

A legitimate address change for a Guam address would allow you to be processed for a Reentry Permit with Biometrics in Guam.

But you do risk a possible query from USCIS when a second Reentry Permit application immediately follows expiration of the first Reentry Permit.

A determination that one has "abandoned" Permanent Resident status can be discretionary by immigration staff at Port of Entry, though an Immigration Court hearing can be allowed, at which time you can defend your need for continued Reentry Permit status.

--Ray B

I am a US permanent resident currently residing in HK. I had applied and received an re-entry permit before I left US almost two years ago. I was living in New York at the time. The re-entry permit is expiring in a few months, I understand I need to apply for a new one.

My question is, can I apply for the re-entry permit in Guam as well as get my biometrics done in Guam (closest US territory)? As I no long have a residency in US, can I simply put down a friend's address in Guam on Form I-131? If this is possible, I believe I should also file Form AR-11 to change my old New York address to Guam. Is this feasible?

I have read about other people going to Guam to file the re-entry permit, but end up with biometric appointment scheduled for ASC center near their old or permanent US residency, which then leading to people doing "walk in"s at Guam ASC center.

[yorkville101]

Thank you, Ray

But what constitutes a "legitimate" address change? I am in Hong Kong because my husband (a US citizen) is working here. My address is in HK, and I have filed US income tax for each year I am here. However, I need a US address for the sole purpose of filing I-131. Is using a friend's address in Guam a "legitimate" address change? Even if I don't do an address change, my old New York address is not valid either.

Thanks

A legitimate address change for a Guam address would allow you to be processed for a Reentry Permit with Biometrics in Guam.

But you do risk a possible query from USCIS when a second Reentry Permit application immediately follows expiration of the first Reentry Permit.

A determination that one has "abandoned" Permanent Resident status can be discretionary by immigration staff at Port of Entry, though an Immigration Court hearing can be allowed, at which time you can defend your need for continued Reentry Permit status.

--Ray B

[rayb]

To be considered a "legitimate" address change, you must be prepared to provide proof of using the address: receiving mail there, bills there, a driver's license using that address. These are not absolute requirements, but to keep your Green Card, you may be asked to provide proof that you have not "abandoned" a U.S. domicile.

--Ray B

Thank you, Ray

But what constitutes a "legitimate" address change? I am in Hong Kong because my husband (a US citizen) is working here. My address is in HK, and I have filed US income tax for each year I am here. However, I need a US address for the sole purpose of filing I-131. Is using a friend's address in Guam a "legitimate" address change? Even if I don't do an address change, my old New York address is not valid either.

Thanks

[yorkville101]

But in my case, I don't have a US address. I live in HK where my husband (a US citizen) is working. I am not concerned about being questioned for "abandoned" US domicile, I merely need a US address for the purpose of filing I-131. I am sure I am not the only person having this question. I am sure its clear to USCIS that not everyone can afford a seperate residency in US while working overseas.

To be considered a "legitimate" address change, you must be prepared to provide proof of using the address: receiving mail there, bills there, a driver's license using that address. These are not absolute requirements, but to keep your Green Card, you may be asked to provide proof that you have not "abandoned" a U.S. domicile.

--Ray B

[rayb]

Unless you are married and living abroad with a U.S. citizen who is Active Duty military, or a civilian military employee, or with some other sort of international agency or diplomatic connection, retention of your U.S. immigrant status expects you to maintain credible established domicile ties (address, personal and business affairs in the U.S.). I'm not making a judgment, but trying to describe what an immigration reviewer will be looking for if retention of your Green Card status becomes an issue.

If you only want to have a U.S. address to file an I-131 (as you say below), perhaps you only need a visitor visa for occasional return trips to the U.S., and there will not be a need to claim a U.S. address.

--Ray B

But in my case, I don't have a US address. I live in HK where my husband (a US citizen) is working. I am not concerned about being questioned for "abandoned" US domicile, I merely need a US address for the purpose of filing I-131. I am sure I am not the only person having this question. I am sure its clear to USCIS that not everyone can afford a seperate residency in US while working overseas.

[cafeconleche]

You can use your friend's address. But, remember, when you file your N400, you'll have to list your addresses and a sudden address in Guam could look odd. It might be better to use a friend's address in New York or around there.

[yorkville101]

So you are saying in the eyes of USCIS, when a LPR, who is married to a US citizen, moves overseas due to the spouse's job, the nature of the spouse's job becomes a key determinant of whether the LPR has abandoned his/her US domicile, and consequently the green card. This sounds so un-American!

Unless you are married and living abroad with a U.S. citizen who is Active Duty military, or a civilian military employee, or with some other sort of international agency or diplomatic connection, retention of your U.S. immigrant status expects you to maintain credible established domicile ties (address, personal and business affairs in the U.S.). I'm not making a judgment, but trying to describe what an immigration reviewer will be looking for if retention of your Green Card status becomes an issue.

If you only want to have a U.S. address to file an I-131 (as you say below), perhaps you only need a visitor visa for occasional return trips to the U.S., and there will not be a need to claim a U.S. address.

--Ray B

- - - Updated - - -

Why would a sudden Guam address look odd? Whether using a Guam address or a friend's address in New York, I am doing so for the purpose of applying for the re-entry permit as the application and biometric requiring me to put down a US address. This is a fact I freely admit. I am not trying to deceive USCIS. My "true" address is in HK, but that's not acceptable for the purpose of applying for the re-entry permit.

You can use your friend's address. But, remember, when you file your N400, you'll have to list your addresses and a sudden address in Guam could look odd. It might be better to use a friend's address in New York or around there.

[rayb]

Please see my responses in CAPS below:

So you are saying in the eyes of USCIS, when a LPR, who is married to a US citizen, moves overseas due to the spouse's job, the nature of the spouse's job becomes a key determinant of whether the LPR has abandoned his/her US domicile, and consequently the green card. This sounds so un-American!

ALL YOU HAVE TO DO TO RETAIN YOUR PERMANENT RESIDENT STATUS IS TO RETURN TO THE U.S. AND APPLY FOR A REENTRY PERMIT, WHICH WILL THEN ALLOW YOU TO STAY OUT UP TO TWO YEARS. IF YOUR HUSBAND HAPPENS TO BE ACTIVE DUTY MILITARY OR A CIVILIAN MILITARY EMPLOYEE, YOU MAY BE EXEMPTED FROM BEING ACCUSED OF ABANDONING YOUR PERMANENT RESIDENT STATUS, DESPITE NOT HAVING A REENTRY PERMIT. THIS HAS NOTHING TO DO WITH AMERICAN PATRIOTISM.

AS CAFECONLECHE POSTED, USING A GUAM ADDRESS FOR IMMIGRATION 'CONVENIENCE,' RATHER AS A REPORT OF A GENUINE DOMICILE, LEAVES YOU OPEN TO A USCIS REVIEWER'S REQUEST FOR MORE CREDIBLE PROOF OF RESIDENCY TIES TO LIVING IN THE U.S.

--Ray B







- - - Updated - - -

Why would a sudden Guam address look odd? Whether using a Guam address or a friend's address in New York, I am doing so for the purpose of applying for the re-entry permit as the application and biometric requiring me to put down a US address. This is a fact I freely admit. I am not trying to deceive USCIS. My "true" address is in HK, but that's not acceptable for the purpose of applying for the re-entry permit.

[yorkville101]

I don't think the replies here address my question. My question is how do I apply for a re-rentry permit without a US address.

"ALL YOU HAVE TO DO TO RETAIN YOUR PERMANENT RESIDENT STATUS IS TO RETURN TO THE U.S. AND APPLY FOR A REENTRY PERMIT,"

Returning to US can mean flying back and staying at a hotel. This does not give me a US address. Keep in mind, I fully understand the risk that USCI may say that I have abandoned US domicile as I don't have a permanent US address. Assuming that I accept such a risk, what is the most appropriate address to put on my re-entry application?

I imagine most people don't keep a separate domicile in US while working overseas. Such people applying for re-entry permit for the second or third time would face the issue of not having a US address.