Physical Presence in USA for 131 Re-entry Permit

[craigybear 10]

Hi all,

 

GC holder through marriage. Currently in Australia for work and I have been asked to stay for a longer period due to project needs. To be safe, I'm planning to file for a re-entry permit.

 

It states I must be physically present in the USA to file the 131 form. 

 

Given Hawaii is significantly closer to Sydney than New Jersey (where we have family), I'm planning on travelling to Hawaii so to be physically present in the USA when filing. How long do I need to be in the USA for? I will need to return to Sydney for work commitments. 

 

Once I have the biometrics notification the plan would be to return to Hawaii to attempt a walk-in.

 

Any issues or obvious errors in this plan? Thanks in advance.

[igoyougoduke 1,656]

16 hours ago, craigybear said:

Hi all,

 

GC holder through marriage. Currently in Australia for work and I have been asked to stay for a longer period due to project needs. To be safe, I'm planning to file for a re-entry permit.

 

It states I must be physically present in the USA to file the 131 form. 

 

Given Hawaii is significantly closer to Sydney than New Jersey (where we have family), I'm planning on travelling to Hawaii so to be physically present in the USA when filing. How long do I need to be in the USA for? I will need to return to Sydney for work commitments. 

 

Once I have the biometrics notification the plan would be to return to Hawaii to attempt a walk-in.

 

Any issues or obvious errors in this plan? Thanks in advance.

you will need to be in US until i-131 is approved. 

[craigybear 10]

13 minutes ago, Donald120383 said:

you will need to be in US until i-131 is approved. 

Then why do USCIS allow your reentry permit to be delivered to a consulate in another country? Many other sources contradict what you’re saying; can you help me with a source?

[Crazy Cat 41,887]

19 minutes ago, Donald120383 said:

you will need to be in US until i-131 is approved. 

Are you sure about that?

 

@geowrian ?

Edited December 31, 2019 by missileman

[igoyougoduke 1,656]

1 hour ago, Donald120383 said:

you will need to be in US until i-131 is approved. 

my bad i read it as i-131 which is advance parole but you are applying for I-131 reentry permit. I think you are good 

[Crazy Cat 41,887]

1 minute ago, Donald120383 said:

my bad i read it as i-131 which is advance parole but you are applying for I-131 reentry permit. I think you are good 

That is also my thinking........

[geowrian 22,337]

5 hours ago, missileman said:

Are you sure about that?

 

@geowrian ?

You must be in the US to file the I-131.

You must do the biometrics in the US.

You can go anywhere between those 2 events of after the biometrics. You can even have the re-entry permit set to be  picked up at the consulate.

 

And yeah, this is different than an I-131 for AP.

Edited December 31, 2019 by geowrian

[craigybear 10]

2 hours ago, geowrian said:

You must be in the US to file the I-131.

 

any specific timeframes associated with this? In my mind, the USCIS person receives the 131 packet then checks my movements in/out of the USA to confirm I was indeed in the US. What happens if they don't get around to processing my packet for a week, by which time I've left the US again to return to work in Sydney? This is my biggest concern/unknown.

 

[geowrian 22,337]

3 minutes ago, craigybear said:

any specific timeframes associated with this? In my mind, the USCIS person receives the 131 packet then checks my movements in/out of the USA to confirm I was indeed in the US. What happens if they don't get around to processing my packet for a week, by which time I've left the US again to return to work in Sydney? This is my biggest concern/unknown.

I'm uncertain how exactly they check it, but the AFM indicates that a form is filed based upon when they actually receive it, not necessarily when it gets reviewed and entered into their system (usually it takes days to weeks for them to do so).

The risk, obviously, is if there is an error and the filing gets rejected. Then you would need to refile again from within the US.

[igoyougoduke 1,656]

4 minutes ago, craigybear said:

any specific timeframes associated with this? In my mind, the USCIS person receives the 131 packet then checks my movements in/out of the USA to confirm I was indeed in the US. What happens if they don't get around to processing my packet for a week, by which time I've left the US again to return to work in Sydney? This is my biggest concern/unknown.

 

Pretty sure they can get that info of entry/exits from airline when they transfer it to CBP. As long you made legal entry/ exit i dont see a concern here . 

[geowrian 22,337]

22 minutes ago, Donald120383 said:

Pretty sure they can get that info of entry/exits from airline when they transfer it to CBP. As long you made legal entry/ exit i dont see a concern here . 

It's not something to rely on, though. The burden is always on the applicant - USCIS does not need to do the work for the individual, even if they have the means to do so.

[igoyougoduke 1,656]

3 hours ago, geowrian said:

It's not something to rely on, though. The burden is always on the applicant - USCIS does not need to do the work for the individual, even if they have the means to do so.

they cant reject without evidence. So if OP has provided information that he was in US at the time of applying for reentry point i dont see a reason for a denial. 

[geowrian 22,337]

4 minutes ago, Donald120383 said:

they cant reject without evidence. So if OP has provided information that he was in US at the time of applying for reentry point i dont see a reason for a denial. 

Actually I got my threads crossed with one about physical presence for a CRBA. Whoops~