Form I-191 is the Application for Advance Permission to Return to Unrelinquished Domicile. You must file Form I-191 if you are a legal permanent resident of the US and you want to return to your home in the US after time spent outside the US.
Who Should File
You should file Form I-191 - Application for Advance Permission to Return to Unrelinquished Domicile if you are a lawful permanent resident who
- has been away from the US for a long period of time and/or
- you believe that you may be denied re-entry into the US after travel outside the US because of a ground of inadmissibility
The application may be filed prior to, at the time of, or at any time after your departure from the US but before your arrival in the U.S. You need not leave the US until you receive your approval. You can leave the US prior to receiving the approval. You can request the USCIS to mail the approval to a US Embassy or Consulate abroad.
Inadmissibility
On Form I-191 you must specifically list and explain your reasons for possible inadmissibility. You may be inadmissible on the following grounds:
- Inadmissible on foreign policy grounds - If it is determined that an alien's presence in the United States would have negative foreign policy consequences, the person can be denied admission.
- Inadmissible on national security grounds – If there are reasonable grounds to believe that a person is coming to the United States to engage in espionage or sabotage, or to violate any law relating to prohibitions on exports from the United States, then the person becomes inadmissible.
- Inadmissible on health grounds - Persons with communicable diseases that are considered to present significant public and health risks are in admissible.
- Inadmissible because of criminal conviction - An individual convicted of a crime involving moral turpitude is inadmissible. Individuals who committed a serious offense in the United States and has claimed immunity from prosecution are also inadmissible.
- Inadmissible on other grounds - A person who is likely to become a public charge is inadmissible. Individuals who have detained a US citizen child outside the United States are also inadmissible.
Processing
After you submit Form I-191, the USCIS may request for more information or call you for an interview. If you do not provide the requested information or appear for the interview, your application will be denied. Your application will be denied if you have been convicted of a felony or 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 Form I-191.
Getting Legal Help
Consult with an experienced US immigration attorney before you file Form I-191. The attorney can study your case and guide you with the filing.
