I-131 (re-entry) question.

[TBZ 0]

Hello, I have a question reagarding I-131 form, for re-entry permit. I have lived in usa and have Soc.Security, bank and address. I'm currently out of USA doing my post-grad education and I need to file I-131, however I'm not able to go to usa and wait for the application progress. So, is it possible to fly in and take the I-131 to the post-office (since they require you to be in usa to file the form) and then fly out the next day/day after. And then once again fly in for the biometrics. #2, what type of proof should I include that I was that day in the usa and I did send the form myself not via someone else. Or will they see it in the computer, my fly in date. Thank you.

[canadian_wife 1,822]

oh boy, lots more info needed

you say you 'lived' in the US, how did you do so...as in what type of visa did you have then? When did you leave? How long have you been out of the US?

Good luck

[TBZ 0]

oh boy, lots more info needed

you say you 'lived' in the US, how did you do so...as in what type of visa did you have then? When did you leave? How long have you been out of the US?

Good luck

Hello, I have live = as in stayed there for a month to get the social security # and open a bank account, and I have US address, where a family member lives. I have Diversity Visa which I obtained through online application. I obtained DVisa in December 2011 and it requires me now to move in with in a year, till 2012 dec. however, I got accepted into post-grad program out of country and I will finish it in dec 2013. Which is 1 year more. Hence, due to studies I cant move to USA and wait for the I-131 processing time. However, I can travel to USA for few days, send out the I-131 and then come again for biometrics. In the I-131 i will state the reason for I-131 application (studies) an provide letter from school and other info that I do intend to live in usa but I unable to simply drop out of post-grad and move in now. I left the USA at the end of January 2012, and only go pass Miami airport to Canada every 3/4 month, since I'm a Canadian citizen. So, my inquiry was if I can travel to usa on my Dv-1 and send out the I-131 and then fly out the next day. Thanks.

Edited July 6, 2012 by TBZ

[aaron2020 11,651]

Hello, I have a question reagarding I-131 form, for re-entry permit. I have lived in usa and have Soc.Security, bank and address. I'm currently out of USA doing my post-grad education and I need to file I-131, however I'm not able to go to usa and wait for the application progress. So, is it possible to fly in and take the I-131 to the post-office (since they require you to be in usa to file the form) and then fly out the next day/day after. And then once again fly in for the biometrics. #2, what type of proof should I include that I was that day in the usa and I did send the form myself not via someone else. Or will they see it in the computer, my fly in date. Thank you.

No. Your re-entry permit will be denied if you leave the US before your biometrics. The US government will know when you fly into and out of the US since airlines are required to report this information to the government.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9c1161ccdc20b110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?

A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. § 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.

http://www.dazlaw.com/index.php?option=com_content&view=article&id=133:re-entry-permits-now-require-biometrics-appointments&catid=34:columns&Itemid=54

"An applicant’s biometrics must be taken before he or she leaves the United States, or else the application will be denied."

http://vkvisafamilylaw.wordpress.com/2008/03/07/plan-ahead-biometrics-now-required-for-re-entry-permits-before-leaving-the-us/

Plan Ahead: Biometrics Now Required For Re-Entry Permits BEFORE Leaving the U.S.

March 7, 2008

Permanent residents who require a re-entry permit to return to the United States after traveling abroad for more than an year can no longer simply file and leave, according to a new USCIS requirement.

Now, they must wait for an appointment to provide fingerprints and photographs (i.e. biometrics) first.

The new policy also applies to refugees needing a Refugee Travel Document, but it does NOT apply to those seeking Advance Parole. The same Form I-131 is used for all three forms of permission to return.

This new requirement became effective March 5, 2007. After providing biometrics, the applicant may then travel and, just as before, and have the approval sent to the embassy for pick up overseas.

Although USCIS offers an expedite service, this new requirement promises to wreck further havoc on travel plans, given the frequent delays in processing applications.

Edited July 7, 2012 by aaron2020

[Penguin_ie 5,994]

*** Moving from Student visa to Travelling During Immigration *****

[TBZ 0]

A. To reenter the U.S. an LPR normally needs to present his or her green card (Permanent Resident Card, Form I-551). A reentry permit is needed for reentry from absences outside the U.S. that are greater than one year but less than two years in duration. Thus, if an LPR anticipates remaining outside the U.S. for longer than one year, he/she will need to apply for a reentry permit while he or she is in the U.S. See 8 C.F.R. § 223.2(b)(1)(Re-entry permit may be approved IF filed by a person who is in the U.S. at the time of application)(emphasis added). An application is not complete until an individual has provided his or her fingerprints and photograph (i.e., biometrics). The newly revised I-131 instructions also provide procedures for requesting an expedited ASC appointment for biometrics collection and for requesting expedited delivery of a travel document, where needed. USCIS believes that the majority of LPRs who live abroad will be able to re-enter the U.S. using their Permanent Resident Cards. Those LPRs who currently live abroad, but who know that when they return to the U.S. they will need to apply for a Re-entry Permit because they plan to leave the U.S. again for more than a year and will need the permit to re-enter the next time they come to the U.S., USCIS encourages these LPRs to anticipate their need for the Re-entry Permit sufficiently in advance of their travel and, if necessary, to follow the procedures for obtaining an expedited ASC appointment where absolutely necessary. If the LPR departs from the U.S while the I-131 is pending, but before biometrics are taken, then the adjudication of the I-131 re-entry permit application will not be affected as long as the applicant returns to the U.S. to attend the biometrics appointment before the first year of foreign travel has ended. In such case, the LPR could apply for reentry to the U.S. using only his or her I-551 Permanent Resident Card if he has been absent for less than one year. We further note that if it is necessary, the LPR may make arrangements to have his Re-entry Permit delivered to him through a U.S. consulate or a USCIS office abroad. 8 C.F.R. 223.2(f).

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9c1161ccdc20b110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Edited July 7, 2012 by TBZ

[TBZ 0]

http://www.avvo.com/legal-answers/can-i-travel-outside-the-us-after-filing-i-131-and-604752.html?ref=related_documents_title_2

Ralf D. Wiedemann

Philadelphia Immigration Attorney

2

Lawyers:

Answered 6 months ago. If you have applied for a reentry permit, the answer is yes, you can leave the U.S. after filing the I-131 and return for the biometrics appointment.