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Can we File I-131 for the re-entry permit for my brother. He is a green card holder and cannot stay in US for max 2 years.

Tallahassee, FL |

Good afternoon, Sir/Madam: I have a question about my brother he is a green card holder and last year he went to India and came back after a year. While coming back in the port of entry they give him a warning that he has to stay min 180 days in US in order to maintain the green card or else he will be deported next time. My concern is he had a commitment in India and he has to stay more 2 years outside the US. If we could get any solution regarding how he can get a permission to stay outside the country for 2 years. Thank you.

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Attorney answers 3


Filing a Reentry Permit is the only viable solution in the is case, albeit not the perfect one, since even a RP does not guarantee readmission to the US.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


He could apply for a travel document using USCIS Form I-131. If he receives it, the document will not guarantee that he will be able to avoid problems. He should consult with an immigration attorney about the situation.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


Can you file? No. Can he file? Yes.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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