Re-Entry permit

[rockman 0]

Dear VJ members, 

 

I need to clarify the following questions. regarding re entry permit application. Currently, I have yet to make physical entry inside USA and have my temporary I 551 stamped by CBP.

 

1) Can I apply for a re entry permit while residing in my home country without having made initial travel to US which I intend to do later but as I am very short on time (with job and all) so was afraid that I cant physically wait in the USA for the 90 day limit they have mentioned for re-entry permit application. 

 

In the other case, 

 

2) if my I 551 is stamped then can I apply for a re entry permit rightaway or do i have to wait until the physical card arrives?

 

Your responses will be highly appreciated.  

 

 

[gregcrs2 1,778]

15 minutes ago, rockman said:

Dear VJ members, 

 

I need to clarify the following questions. regarding re entry permit application. Currently, I have yet to make physical entry inside USA and have my temporary I 551 stamped by CBP.

 

1) Can I apply for a re entry permit while residing in my home country without having made initial travel to US which I intend to do later but as I am very short on time (with job and all) so was afraid that I cant physically wait in the USA for the 90 day limit they have mentioned for re-entry permit application. 

 

In the other case, 

 

2) if my I 551 is stamped then can I apply for a re entry permit rightaway or do i have to wait until the physical card arrives?

 

Your responses will be highly appreciated.  

 

 

1.  No. You must be physically present in the USA when you file the form. 

 

2.  I think you meant if your passport is stamped.  Need more info.  What type of visa are you getting to enter the USA?

[Jojo92122 1,924]

You do not have an I-551, green card.  You must enter the US with your immigrant visa and have it endorsed (stamped).  ONLY AFTER IT IS ENDORSED, do you have a temporary I-551, green card.

 

You can not apply from outside the US.  You can only apply from inside the US AFTER YOUR VISA is endorsed when you immigrate.

 

You do not have to wait until the physical card arrives to leave.  Just need to get biometrics done before you leave.

 

 

[gregcrs2 1,778]

Just now, Jojo92122 said:

You do not have an I-551, green card.  You must enter the US with your immigrant visa and have it endorsed (stamped).  ONLY AFTER IT IS ENDORSED, do you have a temporary I-551, green card.

 

You can not apply from outside the US.  You can only apply from inside the US AFTER YOUR VISA is endorsed when you immigrate.

 

You do not have to wait until the physical card arrives to leave.  Just need to get biometrics done before you leave.

 

 

Are you certain about not needing the physical green card to file?  I thought a copy of the green card (front & back) is required when submitting the form.

[abum 324]

I am inferring this based on your initial post.

 

1. as it is, you have no status in the USA. The visa on your passport (which will be I-551 when endorsed/stamped) is an immigrant visa (can you clarify which type is it? IR1? CR1, K1, EB1? or DV1). Please be aware that the visa has expiry date! Failure to enter USA at any PoE will render the visa useless and you have to re-do the process all over again. Therefore, you have to enter USA within the duration of the visa in your passport.

 

Due to that, since you have no status in the USA, there is no point for you to appy Re-entry Permit I-131. Until you have your I-551 stamp, I-131 is not something you should be applying for.

 

I-131 Re-entry permit MUST BE APPLIED WHILE THE APPLICANT IS ON US SOIL (any of the states or Hawaii or even other US territories). If this is not met, the application will be denied. 

 

Once you are in the USA, even at the airport PoE, you can mail the application and then take the next flight out. But you need to get the mail for the biometric appointment - which will require another travel to the USA. So if you are in Canada, maybe travelling to the USA is not a big deal, but if you are further away, you might want to consider staying while getting the biometrics appointment (give it 6 weeks after you mail the application). 

 

2. You can apply I-131 immediately (it is just mailing the form). I-551 stamp is considered as Green Card, and is accepted as the physical card.

[rockman 0]

Thank you all. 

Clears up a lot of confusion.