Q: Can GC holder remain outside the U.S. for more than one year if I-131 reentry is filed but hasn't been approved?
My father received a green card through my sponsorship. He arrived in the U.S. but had to return to his home country for over a year to wrap up some important matters. He applied for an I-131 travel/re-entry permit in January 2024, provided his fingerprints, and left the U.S. in mid-February 2024. It has been almost 10 months, but he has not yet received his re-entry permit.
If the I-131 re-entry permit is still in process and has not yet been approved, can he remain outside the U.S. for more than one year, or does he need to return before the one-year mark to avoid any issues?
If he can stay outside the U.S. for longer than one year while his I-131 application is pending, what are the potential consequences if USCIS denies his I-131 request?
Is there a way to request USCIS to expedite the processing of his I-131 application?
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A:
Your father should return to the U.S. before reaching the one-year mark abroad, even with a pending I-131 application. Staying outside the country for more than one year without an approved re-entry permit could result in USCIS considering the green card abandoned, regardless of the pending application.
If he remains abroad beyond one year and his I-131 is subsequently denied, he might need to apply for an SB-1 returning resident visa or even start the green card process again - both of which can be lengthy and complicated procedures. The pending I-131 application alone does not protect his permanent resident status during an extended absence.
You can request expedited processing of the I-131 by demonstrating urgent humanitarian reasons, significant financial loss to your company, or U.S. government interests. Submit your expedite request through the USCIS contact center with supporting documentation that clearly shows why your case merits urgent handling. In the meantime, the safest course of action is for your father to return before reaching the one-year mark to maintain his permanent resident status.
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