applying for reentry permit while out of the country (coming back for biometrics appointment); "biometrics" is fingerprints, right?

[apyetmez 0]

I've been able to find a lot of information suggesting that you can sometimes get biometrics done early (before your appointment date) at some INFOpass locations, but none that specifically said, "yes, go ahead and apply while you're out of the country to save yourself time waiting for your biometrics appointment date".

It seems to me that if my LPR husband has already accepted an overseas job offer (that we expect to last 2-3 years) and is overseas at the job right now, but hasn't been gone longer than 6 months out of the US yet, we should apply for the reentry permit right away, so that he can simply come for the biometrics appointment and then be on his way again (we will join him overseas btw, just waiting for the dismal air quality in Shanghai to improve a bit first.)

I know that there's always the chance that he will "fail" his fingerprinting and need another biometrics appointment (though I hope that's rarer than it seems!) but as he is already out of the country, as I said, it seems the least time-consuming way to go about it.

Can someone please confirm that

1. you need only to be physically present for the biometrics collection (not for any interviews)

2. "biometrics" means fingerprints, nothing else

I know that we'd need to have the reentry permit sent to the Shanghai consulate, that's no problem. Thanks for your reply!

[apyetmez 0]

Well, since no one's jumped up to answer these questions yet, let me add a few more(:

1. I read on all the instructions that "you must be physically present in the US to apply for a reentry permit". I am normally one to follow instructions to the letter, but at the risk of sounding flippant...how could they possibly know? Yes, I know, they COULD very easily know by simply comparing your most recent date of entry into the country, with the date your application was received and entered into the system...but why would they? Are they really going to know, and catch us out on it? Anyone with any experience in this? Do you REALLY have to be here when applying, or do you just need to be here for the biometrics?

2. There's no guideline for "additional evidence" on the form (no suggestions to send copies of contract for overseas employment, proof that you've still got assets in the US and other ties here, etc.) Any tips for submitting such?

Thanks for any advice--hope the next reply won't be from myself!

[Asia 2,498]

Well, since no one's jumped up to answer these questions yet, let me add a few more(:

1. I read on all the instructions that "you must be physically present in the US to apply for a reentry permit". I am normally one to follow instructions to the letter, but at the risk of sounding flippant...how could they possibly know? Yes, I know, they COULD very easily know by simply comparing your most recent date of entry into the country, with the date your application was received and entered into the system...but why would they?

Why? Just to check if you had a right to apply for reentry permit. There are some procedures and laws. They have to follow them. If you declare that you left before applying while applying after you left already and you'd get caught on that, you could say goodbye to the US forever.

[NigeriaorBust 4,087]

Also reentry permits are not good for 3 years. If he wants the just just abandon the green card and reapply a year before he wants to come back

[apyetmez 0]

Ok, just to clarify, I know the reentry permit is not valid for 3 years, only 2; also, I know they have to follow the regulations and procedures, however confusing they may be.

I am simply trying to understand if my husband needs to be physically present in the U.S. for the purpose of dropping the application in the mail (or online, or whatever), or simply for the biometrics appointment. That's all. If anyone can answer this question for sure, I would very much appreciate it. The "Instructions for Applying for a Reentry Permit" from USCIS are confusing, and I'm trying to clarify things.

[Asia 2,498]

http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

"Who May File Form I-131?"

If you are in the United States as a permanent resident or conditional permanent resident, you may apply for a Reentry Permit. You must be physically present in the United States when you file the Reentry Permit application and complete the biometrics services requirement.

Edited December 23, 2013 by Asia

[kzielu 1,149]

Ok, just to clarify, I know the reentry permit is not valid for 3 years, only 2; also, I know they have to follow the regulations and procedures, however confusing they may be.

I am simply trying to understand if my husband needs to be physically present in the U.S. for the purpose of dropping the application in the mail (or online, or whatever), or simply for the biometrics appointment. That's all. If anyone can answer this question for sure, I would very much appreciate it. The "Instructions for Applying for a Reentry Permit" from USCIS are confusing, and I'm trying to clarify things.

In addition to post above (which couldn't be clearer), how do you think USCIS denies AOS to people that left US without AP ?

Does very simple check if they left...

[apyetmez 0]

Wait, wait. I don't want to get into a philosophical discussion here...I am talking about something very specific. I am not talking about leaving US without AP. I am talking about an LPR applying for a Reentry Permit. Of course, they can simply check to see when you last left and reentered the country...that's not rocket science. I am not trying to be sneaky; we are not trying to get around rules. I am simply to trying to understand if you have to be physically present to drop the application in the mail, that's all.

Has no one on this site ever applied for a Reentry Permit? Has no one on this site ever needed to apply for a Reentry Permit while out of the country? In our case, we went abroad for 2 months to visit family, and whilst there, my husband was offered a much better paying job that will last approximately 2 years. It started immediately. He has started working. If it is legal to apply while out of the country and simply be here for the biometrics appointment, it would save a lot of time and money to do so.

If anyone has every been in this or a similar situation and can tell me for sure, please let me know. No offense intended, but to everyone else who simply thinks I'm a moron who can't read clear instructions and /or is trying to be sneaky, please don't reply.

[NigeriaorBust 4,087]

You have already gotten good advise and an attitude to those giving you good advise wont change the answer even it is isn't what you want to hear nor will it encourage others to respond . You have to be in the US to apply and you have to do bio-metrics in the US<

[kzielu 1,149]

Rules were posted by Asia. Which part of them you don't understand ?

[Asia 2,498]

You didn't say how long have you been abroad.

You only said that you left for two months and your husband started working immediately and will continue to do so for 2 years. If his employe cares about him and if your husband cares about his status in the US, he could come back to the US (and you you want to come back to the States, you must care about his status), apply for reentry permit, do the biometrics and leave after having the document in hands.

Tho it all depends how long ago you left and if he's still the LPR (and won't be treated as the one who abandoned his residency). And what about ROC? Have you done that already?

Oh, you said that it's been less than 6 months. So it's still a chance you could do it the right way.

I hope my post isn't against TOS.

Edited December 24, 2013 by Asia

[apyetmez 0]

Oh Boy...

First of all, thanks for replying, even though I think the tone here is getting a wee bit defensive. I don't have an attitude, really I don't; I am simply asking for some information from anybody who's been in a similar situation, rather than advice like "don't try to get around the rules."

Asia, thanks for your reply; could you please tell me what ROC is? My husband has been out of the country exactly 3 months tomorrow. He will come back before 6 months is up, no matter what.

[Asia 2,498]

ROC is Removing of Conditions of LPR's green card.

http://www.visajourney.com/content/751guide

LPR has to do it before his/her conditional green card expires.

[Caryh 5,206]

ROC is Removing of Conditions of LPR's green card.

http://www.visajourney.com/content/751guide

LPR has to do it before his/her conditional green card expires.

This would depend if he has a two or ten year green card. If you're married for two years before entry, you'd get the 10 year card, and ROC isn't required.

If he has a two year card, its gonna expire during the two year re-entry permit time period, and his ability to remove conditions is going to be very problematic if he's still living out of the country.

One thing to note, getting a re-entry permit does not guarantee re-entry will be permitted. Final authority to allow re-entry resides with CBP. His extended time outside the country, and limited time in the country, is not going to look good. They may decide he has given up his residency in the USA.

As to applying while abroad, this is not allowed. He can leave after he has applied and gone through his biometrics.

http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

"I am a LPR and need to travel abroad. Can I file my Form

I-131 to get a reentry permit while I am outside the

United States?

No. You cannot file a Form I-131 to obtain a reentry permit unless

you are physically present in the United States when you file the

form.

You should file your Form I-131 no fewer than 60 days before you

intend to travel abroad."

If I file Form I-131 to get a reentry permit while I am in

the United States, will USCIS deny the Form I-131 if I

leave the United States while the form is still pending?

We recommend that you file Form I-131 while you are in the United

States. However, you do not have to be in the United States for

USCIS to approve your Form I-131 and issue a reentry permit to

you if your biometrics have been obtained. You can indicate on your

Form I-131 that you want USCIS to send your reentry permit to a

U.S. Embassy, or consulate, or a DHS office overseas, so you can

pick it up from one of those facilities

[apyetmez 0]

thanks all for you patient replies.