Reentry permit

[saganna 0]

Hi !, U.S Consulate in Mumbai approved my Spouse Greencard on April 5th, 2021.  I am an U.S Citizen) . She is planning on coming to the U.S in about 2 months, sometime in June 1st week of 2021. She wanted to stay with me for few months and need to get back to India due to her extended family situation. The question is can he apply reentry only after she entered into the U.S? Once the reentry process started in the U.S, does she have to wait until her reentry permit gets approved? What happens when she leaves and reentry approved while is India? Is it acceptable is it valid only after it is approved she has to leave?

 

Please shed some light on this

[payxibka 10,045]

13 minutes ago, saganna said:

Hi !, U.S Consulate in Mumbai approved my Spouse Greencard on April 5th, 2021.  I am an U.S Citizen) . She is planning on coming to the U.S in about 2 months, sometime in June 1st week of 2021. She wanted to stay with me for few months and need to get back to India due to her extended family situation. The question is can he apply reentry only after she entered into the U.S? Once the reentry process started in the U.S, does she have to wait until her reentry permit gets approved? What happens when she leaves and reentry approved while is India? Is it acceptable is it valid only after it is approved she has to leave?

 

Please shed some light on this

You can't apply for a re-entry permit if you have never entered in the first place. 

[HRQX 4,145]

27 minutes ago, saganna said:

Once the reentry process started in the U.S, does she have to wait until her reentry permit gets approved?

Technically the only requirements are:

1. to be in the US on the filing date (as determined by 8 CFR § 103.2(a)(7)(i)); and
2. to attend the scheduled biometrics appointment (which will be at an ASC inside the US).

So she could leave after the filing date and return for biometrics appointment and then leave again. She can choose that the Reentry permit be sent to a US consulate in her country where she can pick it up. Note that biometrics appointments for Reentry permit have recently been very low priority for USCIS:

 

8 CFR § 223.2(b)(1): "Reentry permit. An applicant for a reentry permit must file such application while in the United States and in status as a lawful permanent resident or conditional permanent resident."

 

8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

Edited April 7, 2021 by HRQX

[SteveInBostonI130 3,459]

24 minutes ago, saganna said:

Hi !, U.S Consulate in Mumbai approved my Spouse Greencard on April 5th, 2021.  I am an U.S Citizen) . She is planning on coming to the U.S in about 2 months, sometime in June 1st week of 2021. She wanted to stay with me for few months and need to get back to India due to her extended family situation. The question is can he apply reentry only after she entered into the U.S? Once the reentry process started in the U.S, does she have to wait until her reentry permit gets approved? What happens when she leaves and reentry approved while is India? Is it acceptable is it valid only after it is approved she has to leave?

 

Please shed some light on this

 

If she was approved for a CR1/IR1 visa, then she will be an LPR as soon as she arrives in the US.  After spending some time with you, and getting her SSN card and physical greencard, she can travel when she wants back to India and stay there up to 6 months without much issue.  Technically she can return to India without getting the SSN or greencard, but I recommend you wait until you get them.  No re-entry approval needed.

 

If she needs to be away for longer, especially if longer than a year, then you should apply for and get the re-entry permit.

 

[VMM123 2]

2 hours ago, SteveInBostonI130 said:

 

If she was approved for a CR1/IR1 visa, then she will be an LPR as soon as she arrives in the US.  After spending some time with you, and getting her SSN card and physical greencard, she can travel when she wants back to India and stay there up to 6 months without much issue.  Technically she can return to India without getting the SSN or greencard, but I recommend you wait until you get them.  No re-entry approval needed.

 

If she needs to be away for longer, especially if longer than a year, then you should apply for and get the re-entry permit.

 

I have returned to India after applying for my ssn for some reason. Once my green card got shipped to the petitioners address, my uncle got my green card to India on his travel. 
 

you should be fine. but its highly recommended to stay in the us till you receive the gc.

 

what is your dq date and when did you receive your interview letter? I am waiting for my wife’s interview letter. 

[VMM123 2]

2 hours ago, saganna said:

Hi !, U.S Consulate in Mumbai approved my Spouse Greencard on April 5th, 2021.  I am an U.S Citizen) . She is planning on coming to the U.S in about 2 months, sometime in June 1st week of 2021. She wanted to stay with me for few months and need to get back to India due to her extended family situation. The question is can he apply reentry only after she entered into the U.S? Once the reentry process started in the U.S, does she have to wait until her reentry permit gets approved? What happens when she leaves and reentry approved while is India? Is it acceptable is it valid only after it is approved she has to leave?

 

Please shed some light on this

I myself  have returned to India after applying for my ssn for some reason. Once my green card got shipped to the petitioners address, my uncle got my green card to India on his travel. 
 

you should be fine. but its highly recommended to stay in the us till you receive the gc.

 

what is your dq date and when did you receive your Interview letter? I am waiting on my wife’s interview letter.

[SusieQQQ 11,586]

2 hours ago, SteveInBostonI130 said:

 

Technically she can return to India without getting the SSN or greencard, but I recommend you wait until you get them. 

 

 

7 minutes ago, VMM123 said:

you should be fine. but its highly recommended to stay in the us till you receive the gc.

 

 

Every entrant on an immigrant visa has a green card valid for a year as soon their passport is stamped for entry. It may not be a plastic green card but it is every bit as good. You don’t need to wait for a plastic green card to travel.

[saganna 0]

She got the interview letter on  March 10th, 2021 and Interview date was set on April 05th, 2021.

 

They asked about relationship related questions a lot.

[Nitas_man 3,100]

6 hours ago, saganna said:

She got the interview letter on  March 10th, 2021 and Interview date was set on April 05th, 2021.

 

They asked about relationship related questions a lot.

Relationship is the basis for immigration.  Of course they asked about it.

 

How long does she plan to be out?

If she applies for a travel document she has to stay at least long enough for biometrics, about 1-3 months.  Assuming her fingerprints are accepted she can leave after biometrics and you can get the travel document to her after it arrives.

 

[HRQX 4,145]

7 hours ago, Nitas_man said:

If she applies for a travel document she has to stay at least long enough for biometrics, about 1-3 months.  Assuming her fingerprints are accepted she can leave after biometrics and you can get the travel document to her after it arrives.

Actually, she can leave the US after filing and return for biometrics appointment. See 8 CFR § 223.2(b)(1)

Edited April 7, 2021 by HRQX

[Nitas_man 3,100]

1 hour ago, HRQX said:

Actually, she can leave the US after filing and return for biometrics appointment. See 8 CFR § 223.2(b)(1)

True

 

[saganna 0]

16 hours ago, VMM123 said:

 

I myself  have returned to India after applying for my ssn for some reason. Once my green card got shipped to the petitioners address, my uncle got my green card to India on his travel. 
 

you should be fine. but its highly recommended to stay in the us till you receive the gc.

 

what is your dq date and when did you receive your Interview letter? I am waiting on my wife’s interview letter.

Thanks to everybody who responded to my question.

Presently she is in India. She should get her Green Card stamped on her Indian passport in about few days from consulate office.

1) We need to pay the Green Card Fee upon entering into the U.S or in advance before she takes her flight. I can pay it ahead.

2) She is making a trip to U.S in the month of June 1st week 2021. Let us say after she entered into the U.S, I can submit the Reentry permit along with the fee with in few days.

3) My understanding is that she can even leave next day or whenever she decides leave is fine.

4) Everyone said she will get a letter to take the biometric test as part of her reentry application submission. (She just now completed her biometric in India to get the Green-card in the month of  March 3rd week of 2021), why should she has to get her biometric test again to get the reentry permit, is that the norm?

 

5) Example: Today is April 7th, 2021. Let us say, She enters U.S on June 10th 2021, apply for reentry permit on June 15th,2021. Leaves U.S on June 30th, 2021.

 

Can you guys explain a scenario, if they did not call her to get a biometric test for reentry with in 6months while she is in India ( Let us say she stays in India from June 30th, 2021 until January 2nd, 2022). I am trying understand the consequences? 

Edited April 7, 2021 by saganna

[Demise 1,289]

18 hours ago, saganna said:

Hi !, U.S Consulate in Mumbai approved my Spouse Greencard on April 5th, 2021.  I am an U.S Citizen) . She is planning on coming to the U.S in about 2 months, sometime in June 1st week of 2021. She wanted to stay with me for few months and need to get back to India due to her extended family situation. The question is can he apply reentry only after she entered into the U.S? Once the reentry process started in the U.S, does she have to wait until her reentry permit gets approved? What happens when she leaves and reentry approved while is India? Is it acceptable is it valid only after it is approved she has to leave?

 

Please shed some light on this

Yes she needs to come to US before filing I-131 for a re-entry permit for one simple reason. Until she enters on an immigrant visa she's not a permanent resident. She doesn't need to wait for the physical green card to arrive, she can submit the stamped immigrant visa as evidence that she's an LPR.

 

She doesn't need to wait until the re-entry permit is approved. She can leave as soon as she does biometrics. On I-131 there's a field where you basically request the re-entry permit to be sent to a US Consulate or DHS Field office abroad. If it arrived in US, then I guess you can bring it personally or mail it to her.

Edited April 7, 2021 by Demise

[aaron2020 11,651]

1 hour ago, saganna said:

Thanks to everybody who responded to my question.

Presently she is in India. She should get her Green Card stamped on her Indian passport in about few days from consulate office.

1) We need to pay the Green Card Fee upon entering into the U.S or in advance before she takes her flight. I can pay it ahead.

2) She is making a trip to U.S in the month of June 1st week 2021. Let us say after she entered into the U.S, I can submit the Reentry permit along with the fee with in few days.

3) My understanding is that she can even leave next day or whenever she decides leave is fine.

4) Everyone said she will get a letter to take the biometric test as part of her reentry application submission. (She just now completed her biometric in India to get the Green-card in the month of  March 3rd week of 2021), why should she has to get her biometric test again to get the reentry permit, is that the norm?

 

5) Example: Today is April 7th, 2021. Let us say, She enters U.S on June 10th 2021, apply for reentry permit on June 15th,2021. Leaves U.S on June 30th, 2021.

 

Can you guys explain a scenario, if they did not call her to get a biometric test for reentry with in 6months while she is in India ( Let us say she stays in India from June 30th, 2021 until January 2nd, 2022). I am trying understand the consequences? 

How long does your wife intend to stay outside the US?

If she has a conditional green card, the less time that you two spend together, the harder it will be to remove conditions in 2 years.

If she misses her biometric appointment, then the Re-Entry Permit application will be deny.  If she is outside the US, she has to come back for it.  

[SusieQQQ 11,586]

4 hours ago, saganna said:

She just now completed her biometric in India to get the Green-card in the month of  March 3rd week of 2021), why should she has to get her biometric test again to get the reentry permit, is that the norm?

USCIS does not reuse biometrics done outside the US. (If she had had biometrics done for something else within the US recently enough they might have used those, but this does not apply to her.)