kesodo

I was out of the US for 11 months, on return I was given a verbal warning. USCIS says that I do not need to file for a 1-131 and my attorney says I do - I will be out of for 3 months of next year Feb-Mar-Apr.

My question is that I am also returning to the UK in 5 days, and will be back in the US in 2 weeks. If I file a I131 what address do I use as where it should be delivered - clearly from reading this forum it isnt going to be done in less than one month.

If I do file a 131 and come back as intended around Dec 27th will this affect my re-entry? Will they say that I shouldnt have filed or will my green card allow re-entry.

Noorah101

You can use your US mailing address.

Rene

meauxna

http://britishexpats.com/forum/showthread.php?t=497535

kesodo

Thanks!! But just to be clear ... I apply for the Visa, I use my home address and it does not matter that it may not have been processed by the time I get back (two weeks from now or so)?

It's more of the case that I have applied for it?

So I won't get asked any questions when I return? Should I tell the immigration official when i return that I applied .. or will he already know that?

Thanks.

Noorah101

No, you don't apply for a visa.

Right.

Applying helps show that you do not intend to abandon your PR status.

I have no idea if you'll be asked questions when you return. Only the POE officer knows the answer to that one.

General rule of thumb at the POE is only answer the questions asked, and don't volunteer extra information. Also, never lie.

Best Wishes,
Rene

Noorah101

If you are the same person as "FarFromEarth", I take it you didn't see a lawyer as everyone suggested?

Rene

kesodo

Actually I talked to 2 lawyers, one who suggested I file and one who suggested that I did not.

After discussing the situation with my wife, I decided to apply for the re-entry permit.

All I am asking is can I just apply before I leave, use my home address and then fly back in. And will I be protected?

Sorry for the confusion, it has been a difficult year and I am totally stressed out.

Thanks,

Noorah101

Yes, you can do this.

As long as you claim to be a PR upon entry to the USA, even if the POE officer thinks otherwise, you will be allowed to enter the USA and await a hearing with an immigration judge who will make the final decision. Where you are kept during the waiting period, I'm not sure.

Rene

kesodo

Thank you .. I have to say your reply freaked me out somewhat.

Hearing .. what hearing are referring too? And is this because I applied for a re-entry permit or because I was out before for 11 months.

Thanks.

Noorah101

If the POE officer decides for whatever reason that you have been out too long and thinks you are no longer a PR, he will allow you in the USA anyway, but you will eventually see an Immigration Judge who will make the final determination.

Rene

kesodo

Thank you Would I be right in assuming that this would be a 'fair' hearing - i.e. actually taking into account circumstances, etc?

Noorah101

I've never been to one of those hearings, I have no idea what takes place. I would definitely take a lawyer with me to that hearing, though.

Rene

ian-mstm

I wouldn't make that assumption, but it *should* be a 'fair' hearing.

Ian