How many times can you re-apply for Re-entry Permit (i-131) ?

[1on1]

Hello everyone and thankyou to the forum organizers for such this very helpful site.

Ok well my story is i am an EU citizen married to an American..for reasons of family matters I have now re-newed my I-131 twice (meaning I have been away from the States a total of 4 years but have returned twice to renew the I-131 in 4 years). So I read somewhere that the limit for renewing the I-131 is 3 times (so a total of 6 years). Is this accurate ? I am not concerned about how this will impact me for citizenship application in the future since I do not intend to become a citizen..i just want to be able to re-new it one last time so I can extend my stay overseas for 2 more years.

sincerely
1on1
PS my current I-131 is about to expire in 3 months so I will be returning back to the States to hopefully renew it one last time...yes I still have links to the States..my husband is back there now and I have supporting documents like US drivers license, U.S. credit cards showing bills I have been paying in the States etc.

[rayb]

I can't find any reference to limit of times Reentry Permits can be issued, but if you have been out of the U.S. for more than 4 of the last 5 years, your next Reentry Permit will be limited to one year.

-Ray B

Hello everyone and thankyou to the forum organizers for such this very helpful site.

Ok well my story is i am an EU citizen married to an American..for reasons of family matters I have now re-newed my I-131 twice (meaning I have been away from the States a total of 4 years but have returned twice to renew the I-131 in 4 years). So I read somewhere that the limit for renewing the I-131 is 3 times (so a total of 6 years). Is this accurate ? I am not concerned about how this will impact me for citizenship application in the future since I do not intend to become a citizen..i just want to be able to re-new it one last time so I can extend my stay overseas for 2 more years.

sincerely
1on1
PS my current I-131 is about to expire in 3 months so I will be returning back to the States to hopefully renew it one last time...yes I still have links to the States..my husband is back there now and I have supporting documents like US drivers license, U.S. credit cards showing bills I have been paying in the States etc.

[1on1]

hmm.. will the two brief trips I made to re-new the permit be counted when you say "if away 4 of the last 5 years"?

With all due respect..are you certain about there being no limitations (i.e. number of times as opposed to number of years as you explalined) on the permit ? Naturally I tried to research this exact point online and all I read was about folks re-newing it for the second time..i found nothing about re-newing it a third time.

rgrds

[rayb]

I cannot tell you whether or not there is a 3-time limit, as I haven't seen any references to such a limit.

The one-year Reentry Permit limit after being outside the U.S. 4 of the last 5 years has nothing to do with a limit on number of Reentry Permits. That's a separate issue altogether, and I can't offer even an opinion. Where did you see or hear of such a limit?

--Ray B

hmm.. will the two brief trips I made to re-new the permit be counted when you say "if away 4 of the last 5 years"?

With all due respect..are you certain about there being no limitations (i.e. number of times as opposed to number of years as you explalined) on the permit ? Naturally I tried to research this exact point online and all I read was about folks re-newing it for the second time..i found nothing about re-newing it a third time.

rgrds

[1on1]

I can't find any reference to limit of times Reentry Permits can be issued, but if you have been out of the U.S. for more than 4 of the last 5 years, your next Reentry Permit will be limited to one year.

-Ray B

thanks for the quick responses..i unfortunately don't remember which site I read about curbs on the number of times one can apply for the re-entry permit but I guess I am mistaken. Since you responded I had found similar sites that support your point that indeed after the second "two year permit", it drops to a "one year permit"...so then there is hope afterall..while returning to the States yearly to re-new will undoubtedly be more expensive..it nevertheless offers a lifeline to saving my cherished green card.

One other question though..does the one year permit cost as much as the two year permit ? And do you think there is more scrutiny during the interview for this "third" permit ?

Cheers

[rayb]

The I-131 fee remains the same.

There is no interview for a Reentry Permit. There is Biometrics, but that is not an interview.

-Ray B

thanks for the quick responses..i unfortunately don't remember which site I read about curbs on the number of times one can apply for the re-entry permit but I guess I am mistaken. Since you responded I had found similar sites that support your point that indeed after the second "two year permit", it drops to a "one year permit"...so then there is hope afterall..while returning to the States yearly to re-new will undoubtedly be more expensive..it nevertheless offers a lifeline to saving my cherished green card.

One other question though..does the one year permit cost as much as the two year permit ? And do you think there is more scrutiny during the interview for this "third" permit ?

Cheers

[1on1]

I remember clearly (due to the harsh tone of the immigration officer) the interview for the second permit..the guy made it sound like I was "stretching my luck" by applying the second time around and actually wanted to indirectly tell me that I may not even qualify for the second permit but that he would make this exception for me..overall it was a very aggressive tone so this was why I was prompted to find out what exactly my rights were with regards to my attempt to re-apply the third time.

I did want to throw this scenario at you just incase you may know..i know letting the permit expire is a bad idea but assuming one did let it expire and was still overseas and decides to return back to the States...what are the complications to getting the green card back? Will one be able to work right away or will I have to go through the court system to regain both my working permit and resident card ? I just want to know the worst case scenario and what can be done about it...should I be faced with it.

1on1

[rayb]

What interview are you describing? The Reentry Permits I have completed only scheduled Biometrics (fingerprinting and photos) with contract staff supervised by USCIS employees.

The worst case scenario is that you will not be allowed to board a return flight, or if allowed to board, you may be denied entry, or if allowed provisional entry, you will be scheduled for an Immigration Court hearing.

--Ray B

I remember clearly (due to the harsh tone of the immigration officer) the interview for the second permit..the guy made it sound like I was "stretching my luck" by applying the second time around and actually wanted to indirectly tell me that I may not even qualify for the second permit but that he would make this exception for me..overall it was a very aggressive tone so this was why I was prompted to find out what exactly my rights were with regards to my attempt to re-apply the third time.

I did want to throw this scenario at you just incase you may know..i know letting the permit expire is a bad idea but assuming one did let it expire and was still overseas and decides to return back to the States...what are the complications to getting the green card back? Will one be able to work right away or will I have to go through the court system to regain both my working permit and resident card ? I just want to know the worst case scenario and what can be done about it...should I be faced with it.

1on1

[1on1]

this is exactly what happened to me on the second biometrics appt... so i went in as schedualed but was told by the lady who did the Biometrics that an the immigration officer in another room would FIRST like to have a word with me..that's when I got the scolding from this guy.. who looked like a supervisor because he had a rather large office..anyway AFTER the scolding he sent me back to the waiting area of the Biometrics section.


BTW Why would I not be allowed to board a plane since its not my green card that is going to expire? usually the airlines counter person will not inquire about the I-131, all they usually ask for is a valid green card (although I realize you are suggesting this as one possible scenario), also with a "provisional entry" is one allowed to continue working whilst waiting for the immigration court date (i am assuming a court date is probably months down the line) ?


thanks

[rayb]

1on1,

You're right about boarding the plane not being a problem. A few years back, people with expired 2-year Green Cards, but with the I-797 which stated a one-year extension, were sometimes barred from boarding, and the U.S. Embassy (in Manila) had to get involved.

Nobody is going to stop you from working if you still have your unexpired Green Card, unless the Port of Entry officer takes that from you.

--Ray B

this is exactly what happened to me on the second biometrics appt... so i went in as schedualed but was told by the lady who did the Biometrics that an the immigration officer in another room would FIRST like to have a word with me..that's when I got the scolding from this guy.. who looked like a supervisor because he had a rather large office..anyway AFTER the scolding he sent me back to the waiting area of the Biometrics section.


BTW Why would I not be allowed to board a plane since its not my green card that is going to expire? usually the airlines counter person will not inquire about the I-131, all they usually ask for is a valid green card (although I realize you are suggesting this as one possible scenario), also with a "provisional entry" is one allowed to continue working whilst waiting for the immigration court date (i am assuming a court date is probably months down the line) ?


thanks

[1on1]

Say Ray...

I had initially posted my question on two forums..this one and (immigration.com)..I got this response today from the other site with regards to how many times one can renew I-131.


"third reentry permit is one year.....after that you need to settle or give back your green card.... "


what to make of it...

1on1

[rayb]

That may be an opinion of the responder, which may or may not be accurate. I've done some checking, also, on various attorney sites, but can find no references to USCIS regulations about Reentry Permit limits.

--Ray B

Say Ray...

I had initially posted my question on two forums..this one and (immigration.com)..I got this response today from the other site with regards to how many times one can renew I-131.


"third reentry permit is one year.....after that you need to settle or give back your green card.... "


what to make of it...

1on1