How early can I apply for a rentry permit?

[mugs 0]

Dear Forum members,

 

My wife and I are U.S. citizens living and working in China. Our granddaughter (8 years old) is an LPR living with us and attending school here. We are all planning to relocate back to the U.S. in 2021 after she completes her early schooling here.

 

She has one reentry permit now and we had planned to apply for her second and last one this August-2020 as this one expires in November of 2020.

 

The problem is that her school's spring semester here got delayed because of the virus and we just found out it will now be starting May 1st. That spring semester would end in September and they would start right up with their fall semester.

 

We had planned (what we had done in 2018) to fly to the U.S. in August (summer break), send in the I-131, wait for the biometrics (about 6 weeks),  attend the biometrics, and then fly back here to China.

 

Now, this becomes problematic (no summer break) so I'm wondering what options we have.

 

Can we go back to the U.S. now and apply early? How long before the reentry permit expiration date can one apply?

 

We know we would either have to stay in the U.S. for six weeks to wait for the biometrics or, after applying, fly back to China, and then fly back out again for the biometrics. Big hassle but, could we do it with no reentry permit since you have to submit the old one with the I-131 application?

 

Could we, go later, say in October (The National Day holiday would give us some free time), and apply close to the expiration date? Can she be in China in between the I-131 application and biometrics appointment and reenter the U.S. while the reentry permit has expired?

 

Of course our situation doesn't take into account possible USCIS office closures or delays and , lack of flights, or quarantines in either country!

 

Thank you for your help!

 

-Mugs

 

 

 

 

[Boiler 45,559]

As far as I know there is no time limit, you could apply for one and then another next week, just a question of paying the fee.

 

Any historical timelines for processing should be treated with a bucket of salt.

 

Usual caveats about flight and biometric availability.

[mugs 0]

Ok, so, it sounds like we could apply fairly early.

 

Since we would have to send the first reentry permit in with the I-131 application, could she re-enter the U.S. with just the green card? (...if we flew back to China after applying, to wait and get the biometrics appt., and then planned to fly back to the U.S. to attend the appt.)

 

Also; How about re-entering the U.S. after the reentry permit has expired? I'm thinking of this as we consider applying closer to the expiration date. She will have been gone longer that two years by that time.

 

Or is it the case that she just has to be back in the U.S. before the expiration date?

 

Thanks!

 

-Mugs

 

 

 

[Nitas_man 3,100]

6 hours ago, mugs said:

Ok, so, it sounds like we could apply fairly early.

 

Since we would have to send the first reentry permit in with the I-131 application, could she re-enter the U.S. with just the green card? (...if we flew back to China after applying, to wait and get the biometrics appt., and then planned to fly back to the U.S. to attend the appt.)

 

Also; How about re-entering the U.S. after the reentry permit has expired? I'm thinking of this as we consider applying closer to the expiration date. She will have been gone longer that two years by that time.

 

Or is it the case that she just has to be back in the U.S. before the expiration date?

 

Thanks!

 

-Mugs

 

 

 

What category does her immigration benefit fall under?

 

I don’t envision biometrics happening for awhile.  Just a hunch.

Edited April 4, 2020 by Nitas_man

[mugs 0]

1 hour ago, Nitas_man said:

What category does her immigration benefit fall under?

 

I don’t envision biometrics happening for awhile.  Just a hunch.

She's F12

[Ontarkie 14,234]

~~Moved to Working and Traveling, from Covid-19 - as the topic is about a re entry permit~~

[mugs 0]

2 hours ago, Ontarkie said:

~~Moved to Working and Traveling, from Covid-19 - as the topic is about a re entry permit~~

Thanks for moving this. I wasn't sure where to post.

 

Then if there's no biometrics for a while, can we leave the U.S. and re-enter with the application under process for so long?

 

Trying to narrow it down...

[Nitas_man 3,100]

On 4/4/2020 at 11:12 AM, mugs said:

She's F12

Extending re-entry past the travel document expiration date requires SB1 for re-entry.  SB1 requires eligibility for green card benefits in every other way (example immediate relative of USC) + staying outside the US for reasons beyond the greencard holder’s control + maintaining a domicile in the US.

All of the options you bring up are difficult to fit inside that window.

 

 

 

[JBaluyut 0]

On 4/4/2020 at 4:08 PM, mugs said:

Ok, so, it sounds like we could apply fairly early.

 

Since we would have to send the first reentry permit in with the I-131 application, could she re-enter the U.S. with just the green card? (...if we flew back to China after applying, to wait and get the biometrics appt., and then planned to fly back to the U.S. to attend the appt.)

 

Also; How about re-entering the U.S. after the reentry permit has expired? I'm thinking of this as we consider applying closer to the expiration date. She will have been gone longer that two years by that time.

 

Or is it the case that she just has to be back in the U.S. before the expiration date?

 

Thanks!

 

-Mugs

 

 

 

Hi.. Can you update on your grand daughters re rentry permit 2nd application timeline please? It will really help me a lot. Thanks in advance.