Jump to content
jayross

What's the worst that can happen if filing for Reentry Permit from overseas?

By jayross in Working & Traveling During US Immigration

 Share

3 posts in this topic

Recommended Posts

jayross Newbie

jayross   0

Posted
Filed: Other Country: China
 Timeline
Posted

OK, maybe I shouldn't be asking this question, but it seems the regulation requiring one's physical presence in the U.S. for both filing the I-131 application and the biometrics appointment can pose (and in our case, does pose) an unnecessary hardship. So my question is, is it possible to "get away" with submitting the application without being physically present in the U.S.? My wife, who has her GC, and I are currently working in China and cannot afford the luxury of staying too long when we travel back to the States this summer. (I know we can go to the U.S. and request an expedited biometric appointment when we file, but that's still a bit too "iffy" for us.) OTOH, once she has her biometric appointment, we can adapt our travel plans to the States accordingly.

I have checked over the I-131 form, and I see nothing in it to the effect that the applicant swears that he/she is present in the U.S. at the time of filing. And of course, it would be simple enough to avoid the foreign postmark on the envelope that we send in, by having a relative in the U.S. resend the form for us.

Perhaps the only question is whether they check one's passport during the biometric appointment to ensure that you were present in the States when you filed the I-131. I could be wrong, but I suspect it's not a big enough deal for them to care. Can anyone weigh in?

Thanks.

Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

The worst that can happen is that they make her give up her green card because Permanently Resisdence is meant that you live in the USA not China. Have you been paying taxes to the USA and has she? The least that can happen is that she is warned that it is for living in the USA and not China.

TBoneTX Grand Master

TBoneTX   45,910

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

OK, maybe I shouldn't be asking this question

Thread is locked under this provision of the VisaJourney Terms of Service: "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...