CASE: Reentry Permit for LPRs (I-131)
CLIENT: South African
LOCATION: Cleveland, OH
Our client contacted us in the middle of June and sought legal assistance for him and his family’s re-entry permit applications. They are South African nationals and lawful permanent residents (LPR) since 2008. Our client needed to get a re-entry permit because they were planning to stay in the Philippines for next two years. Our client has a business in Ohio which does substantial business in the Philippines. He has a wife and three kids, and they will not likely be able to come back to the United States within six months. The kids go to school in the Philippines, and they were concerned because they got their reentry permits before. They were only going to be in States for 3 weeks. We met 2 days after they arrived.
Generally, being a Permanent Resident of the U.S., you can travel without restraint outside of the U.S. But if the trip duration is greater than one year, but less than two years, then a reentry permit is needed to enter the U.S. Even if the trip is between six months and one year, it is still advisable to get a reentry permit, to avoid the rebuttable presumption that residency is disrupted.
Our client was planning to be in the Philippines for the next twenty months, so the reentry permit is clearly needed when he comes back to the United States. He has been in the Philippines most of the time that he was a permanent resident, so he was concerned his case will be denied.
Our office filed Form I-131 with other supporting documents to the USCIS on June 13, 2012. Despite the I-131 being a seemingly simple form and application, we attached a substantial brief to the form, explaining his maintenance of residence in the United States through his address, bank statements, and business (registered in Ohio), and that it so happens that the business does a lot of work in the Philippines. A lot of supporting documents were also attached. We demonstrated that our client and his family members do not intend to abandon their permanent residency in the United States.
They had to go back to the Philippines as the children were about to go to school. You can apply and get a reentry permit even though you need to travel immediately as long as you get fingerprinted before your departure. So we advised them to leave only after they get fingerprinted. Even though there was a set fingerprint date on their notices, we were able to have them take prints before the set date.
On August 23, 2012 and on September 17, 2012, the USCIS issued re-entry permits for our client and his family members.
FREE CONSULTATIONS
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
For other success stories, please click here.
Also feel free to contact our office anytime for free consultations.