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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 92920
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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How long does it take to get an approved I-131 re-entry

Customer Question

How long does it take to get an approved I-131 re-entry permit? Does it allow for multiple re-entries?
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
It takes about 60 to 120 days or so. It does allow for multiple re-entries, but you must choose that on the application when you fill it out.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 92920
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Reply to GSenmartin's Post: Thanks, XXXXX XXXXX does the "expedite" process speed it up? My friend is going on short modeling jobs in Hong Kong and maybe some other places. Would they reject that as a reason for expediting?
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

Probably not. It would have to be a severe financial lost for the individual, not just because they might miss out on a few jobs.

But you are welcome to try. Also, she can begin the process here and as long as she is here to take her fingerprints, she can then leave and pick up the travel permit/advance parole at a U.S. Embassy/Consulate abroad. This option is also found on the form. You can find the form at www.uscis.gov if you don't already have it.

Here is a link to the expedite criteria if she wishes to try that:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCRD&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190aRCRD

 

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 92920
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
The I-131 form asks only about single/multiple trips if you want an Advance Parole (in Part 5). She needs a Re-entry permit, and it seems to talk about a single trip, potentially to multiple countries. (In Part 4) Should she detail the first trip, then mention other potential trips? Will that mess things up if it's vague? If she mentions only one trip, will they take away the permit at immigration when she returns?
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
A re-entry permit is really only for one trip. So she should apply for it when she knows she is going to be out of the U.S. for longer than a year.
Customer: replied 5 years ago.
Here's the situation. She was married to a US citizen a little over two years and lived here during that time. They divorced and she will be submitting an I-751 to remove conditions on her green card.

Twice during the last year she has left the country, and on return has been delayed many hours and had her card and passport taken away for deferred inspection. What should she do to make the next trip easier? (it would be in the next month or so, I believe)
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

A re-entry permit is not going to make that easier. In fact, they would only be able to give it to her valid up until the date of the expiration of the 2 year green card. Besides, a re-entry permit is for a long trip abroad, not for short trips abroad.

If she is already divorced, I would not recommend traveling. Keep in mind that Lawful Permanent Residency is for someone that is residing in the U.S., not for someone that is just taking brief trips into the U.S. from time to time. You are not saying that she is doing that, but still, I don't recommend traveling.

They are getting tighter and tighter with these things and it will be harder and harder for her to keep doing what she is doing.

IF they were to find out that she is divorced, she may have some very big problems trying to come back in because technically, her residency status is terminated.

She must file the I-751 waiver application ASAP to keep her from being put into removal proceedings. Unfortunately, the I-751 waiver will probably take awhile to process and during that time, I do not recommend that she travel because as I said, the conditional residency is technically terminated by the divorce.

So it is a HUGE risk for her to travel. I do not advise it at all.

Customer: replied 5 years ago.
Reply to GSenmartin's Post: Thanks,

How long do you think it will take to process the waiver? (what likely range of times)
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
Unfortunately, probably over a year. It takes about 8 or 9 months to process a regular jointly-filed I-751. They move a little slower when it is a waiver because there is more to investigate.
Customer: replied 5 years ago.
If she goes anyway (she is impulsive) what will likely happen when she tries to come back?
Will they immediately send her to her home country? Detain her in jail for days/weeks/months? Let her go home to Brooklyn and start deportation proceedings? I need to tell her the likely consequences.
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

Worst case scenario is that they would not let her back into the U.S. However, it is more likely that she would be detained for awhile, processed for deportation, they would take her card, parole her into the U.S., and give her a notice that she will have to appear before an immigration judge for deportation. There should could renew the I-751 waiver before the judge.

The problem with this is that I hope she has tons of money to burn because that impulsiveness is going to cost her lots of time, frustration and money in attorney fees to get her out of that mess and even then, an I-751 waiver is not guaranteed to be approved.

Customer: replied 5 years ago.
She asked me if she gets the receipt for the 751 submission, can she travel then? (not the approval)
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
I would not travel. Remember, technically, she isn't even a resident at the moment. Once the divorce was finalized, there is no longer a basis for her residency.

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