LPR Filing for I-131, leave, and then return for biometrics

[k39482 0]

I have a relative who is traveling a ton for work (most of the year nowadays). She is a LPR.

During her last and recent entry to the US, she was asked by CBP to file for I-131 since she has been gone so freqruently as she has only been back in the US a couple of times a year for 2 to 4 weeks at a time. (They can see in her passport that she travels a ton to many countries.)

That's all fine and good - no problem.

She is going to file I-131 to maintain her LPR status - no problem.

The question we have is:

She has to travel again in 2 weeks for work - not an option, which would AFTER filing I-131 and BEFORE the biometrics appointment.

Is it okay for her to file I-131, do her business travel, and return to her biometrics appointment?

We read thorugh all the information on USCIS regarding this specific scenario, I cannot find anything that say specifically that it is not okay. However, on various immigration law firm sites, I have read some that say it is fine to do so while others suggest it is not okay.

I don't really see why this would be a problem since she will be returning shortly after filing I-131 for the biometrics appointment and she is a LPR anyway, but we are not absolutely certain.

Any advice would be helpful. Thank you.

[Hypnos 6,578]

Yes. She must be in the US when she files the I-131 (signs it and mails it), but she can still travel after that. Obviously she would need to return to the US for her biometrics appointment, which will likely be scheduled within 60 days of her filing the application.