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I just got my permanent resident card, but i can not come to

 
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  • Answered by:Business Imm Law
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Customer Question

I just got my permanent resident card, but i can not come to live in the USA for the next 18 months. I just started a new company in my home country Dominican Republic, and need that time to have it operating with benefits. I have not find a job in the USA and do not want to be a burden for the government. My wife will be staying here with our daughter, but i need time to make my move. How do i apply for a permit, if it exists?

 

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State/Country relating to question: Dominican Republic

Already Tried:
I do not know what to do. How do i apply for a permit

Submitted: 329 days and 21 hours ago.
Category: Immigration Law
Value: $30
Status: CLOSED
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Expert:  Business Imm Law replied329 days and 21 hours ago.


Business Imm Law :

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Business Imm Law :

You need to enter the US and then apply for a re-entry permit. You have to file form I-131 here in the US and it can take 90 days for your biometrics to be done.

Business Imm Law :

There is instructions to expedite included in the general form instructions.

Business Imm Law :

Judith

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Expert:  Business Imm Law replied329 days and 21 hours ago.

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Customer replied329 days and 21 hours ago.

I am already in the USA but need to get back to Dominican Republic. Will return in august 04th. But I can not wait 90 days. I can only stay 2 weeks when i come back to the usa. I can travel every two months from Dominican Republic ans stay two weeks. Would that help me to maintain my Resident status. I am talkin with a friend that have shippign company here in the states but need personnel in the Dominican Republic. Can he hire me here and transfer me to Dom REp.

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Expert:  Business Imm Law replied329 days and 20 hours ago.

You still need a re-entry permit even if employed abroad.
You can get an expedite
If the applicant needs expedited processing, the Form I-131 instructions provide specific information for submitting pre-paid express mailers with the Form I-131 for USCIS to send the applicant’s receipt and ASC appointment notice, as well as the completed re-entry permit or refugee travel document, if approved. A request for expedited processing should contain the applicant's reasons for such processing so that USCIS may determine whether they qualify for expedited processing.
In addition, if the applicant must attend an ASC appointment in 14 days or less, the applicant may provide an email address or fax number so the Nebraska Service Center will be able to fax the ASC appointment to the applicant. The ASC is willing to accept this duplicate copy of the appointment notice.
If the applicant needs to expedite the I-131 after filing, then the applicant should contact the National Customer Service Center at 1-800-375-5283, or make an INFOPASS appointment at their local office.

Here is the link to the form
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I don't make the laws. Here is some information for you to read regarding your scheme to come in for 2 weeks every 2 months.
[INA Section 101(a)(27)(A)] says that a returning immigrant may be admitted to the US after traviling outside if they are returning from a “temporary” visit abroad [INA Section 101(a)(27)(A)]
What is temporary?
That is defined by case law.
See these links

http://caselaw.findlaw.com/us-1st-circuit/1074270.html

http://www.justice.gov/eoir/vll/intdec/vol17/2796.pdf

http://www.americanlaw.com/maintlpr.html

http://www.rreeves.com/articles/immigration_en_10329.php


Judith

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Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 98.1 %
Accepts: 20850
Answered: 6/28/2012

Experience: 33 yrs attorney on all nonimmigrant & immigrant visas

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