Form I-191 is used by a legal permanent resident of the United States who wishes to return to his home in the U.S. after he has been outside of the U.S.
I-191 Application Process
You must file your application with the district which has jurisdiction over your place of residence in the U.S. The application may be filed prior to, at the time of, or at any time after the applicant’s departure from or arrival in the U.S. If there are any possible reasons for inadmissibility or for deportability, you must disclose them in detail in your application. Failure to do so could result in very harsh consequences, including a finding of inadmissibility without waiver. All available documentation regarding any grounds of inadmissibility must also be provided with the application.
Who Grants or Denies an I-191?
A district director has the authority to grant or deny an application for advance permission to return to an unrelinquished domicile. If the application is denied, the reasons for denial must be given. While no appeal can be taken from this decision, you can renew the application before an Immigration Judge.
A favorable decision on the application means the approval is valid without expiration. The approval only covers those specific grounds of excludability or deportability that were described in the application. If you fail to disclose any grounds of excludability or deportability you will remain excludable or deportable even following a favorable decision regarding other grounds. If new grounds occur at a later date, the applicant must file a new application with the appropriate district director.
Help with the I-191 Process
If you have been convicted of felony, your application will be denied
If you have not maintained a lawful domicile in the U.S. as either a lawful permanent resident or a lawful Temporary Resident for at least seven consecutive years immediately preceding the filing of this application, your application will be denied
There are other factors which will result in a denial of your application, and if your application is denied, those factors must be mentioned so you fully understand the basis of the denial
Consult with an Immigration Lawyer
Anyone who is submitting a Form I-191 and has been found to be excludable or deportable at any time should get help from an immigration attorney. The application must be answered honestly whether you have legal representation or not, but an immigration attorney can advise you on your realistic chance of application approval based on the specific facts of your case. The fee for the application is non-refundable and there is a chance you will draw unnecessary attention to yourself by filing the application too early. An immigration attorney can minimize your risks and advise you on the best time to apply. For more general information you can visit the USCIS website at www.uscis.gov.
