Reentry Permit Filing ; PLEASE HELP!

[Alex78 0]

Hello VJ Community !

 

I need to apply for a reentry permit because I know that I will be outside of the U.S. for over one year.

I don't want to abandon my status, I have a U.S. Citizen spouse .

 

I need to depart the United States as soon as possible because my mother is sick and needs my help.

My conditional 2 year green card expires in October 2021.

On the instructions for the I-131 FORM for the reentry permit it says that a reentry permit issued to a conditional  permanent resident is valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever date comes first.

 

From my understanding of what the instructions on FORM I-131 state, this means if I file for the Reentry permit now then it would only be valid until OCTOBER 2021 because that's when my conditional status expires.

I have had 2 consultations with immigration lawyers and they both told me that I am wrong... they said even if I file now immediately and even though my conditional status green card will expire in October of 2021 they said I will still be issued a reentry permit for 2 years.

 

Can someone here help me with this?

I don't want to waste the $660 filing fee if I will be issued a reentry permit only valid until October 2021 when my conditional green card expires, what would be the point in applying and getting a reentry permit then ?

 

Thank you for your help and input !

[Timona 4,185]

25 minutes ago, Alex78 said:

Hello VJ Community !

 

I need to apply for a reentry permit because I know that I will be outside of the U.S. for over one year.

I don't want to abandon my status, I have a U.S. Citizen spouse .

 

I need to depart the United States as soon as possible because my mother is sick and needs my help.

My conditional 2 year green card expires in October 2021.

On the instructions for the I-131 FORM for the reentry permit it says that a reentry permit issued to a conditional  permanent resident is valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever date comes first.

 

From my understanding of what the instructions on FORM I-131 state, this means if I file for the Reentry permit now then it would only be valid until OCTOBER 2021 because that's when my conditional status expires.

I have had 2 consultations with immigration lawyers and they both told me that I am wrong... they said even if I file now immediately and even though my conditional status green card will expire in October of 2021 they said I will still be issued a reentry permit for 2 years.

 

Can someone here help me with this?

I don't want to waste the $660 filing fee if I will be issued a reentry permit only valid until October 2021 when my conditional green card expires, what would be the point in applying and getting a reentry permit then ?

 

Thank you for your help and input !

 

Will not happen for at least 8 months. That is the current timeframe per-COVID. As such, you won't be leaving anytime soon

[Alex78 0]

Yes, I understand that this will not happen for at least 8 months because of the current timeframe per-Covid.

 

However, I am free to leave the country as soon as I complete my biometrics appointment for the reentry permit.

The reentry permit itself will be delivered to the United States consulate in my native country.

You have the option on the I-131 form to have the reentry permit delivered to your U.S. home address or to a U.S. consulate abroad .

 

My question was another :  how long will my reentry permit be valid for if I file "now" while my conditional green card expires in October 2021.

 

This is the confusion because typically a reentry permit is valid for 2 years from the date of issuance.

[arken 4,197]

17 minutes ago, Alex78 said:

how long will my reentry permit be valid for if I file "now" while my conditional green card expires in October 2021.

It will be valid till the day your conditional GC card is valid.

With so much delays these days, you may not even get appointment for biometrics by Oct anyway, and overall processing is more than 4 months in which case it will be denied.
 

Edited June 22, 2021 by arken

[Alex78 0]

Thank you Arken. 

 

Then there is no point to apply for the reentry permit now and have it valid only until October 2021 when my conditional GC is valid.

 

I should wait and file for removal of conditions and then apply for the reentry permit with the receipt (I-797) .

 

I'm just a little annoyed that 2 immigration lawyers told me that the reentry permit will be valid for 2 years regardless if my conditional GC is only valid until October 2021

[SusieQQQ 11,586]

1 hour ago, Alex78 said:

I'm just a little annoyed that 2 immigration lawyers told me that the reentry permit will be valid for 2 years regardless if my conditional GC is only valid until October 2021

Q1: were these paid consultations or free over the Internet consultations?

 

Q2: did you actually ask them why their advice conflicted with what is published by uscis?

[SusieQQQ 11,586]

1 hour ago, Alex78 said:

Yes, I understand that this will not happen for at least 8 months because of the current timeframe per-Covid.

 

However, I am free to leave the country as soon as I complete my biometrics appointment for the reentry permit.

The reentry permit itself will be delivered to the United States consulate in my native country.

You have the option on the I-131 form to have the reentry permit delivered to your U.S. home address or to a U.S. consulate abroad .

 

My question was another :  how long will my reentry permit be valid for if I file "now" while my conditional green card expires in October 2021.

 

This is the confusion because typically a reentry permit is valid for 2 years from the date of issuance.

People have been waiting 6-8 months just for biometrics in some cases, it appears re-entry permits are way at the bottom of the priority list for bio appointments judging by what has been reported on VJ.

 

 

This is the actual wording of the statute, as you have seen it confirms what the i131 instructions say

 

a) Validity - (1) Reentry permit. Except as provided in § 223.2(c)(2), a reentry permit issued to a permanent resident shall be valid for 2 years from the date of issuance. A reentry permit issued to a conditional permanent resident shall be valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever comes first.

8 C.F.R. § 223.3

 

[mmsk 9]

I hope ur mother will be fine. 

I would suggest u go to see your mother first without applying for re entry permit because like what others said. During that time, re entry permits are taking way long time. I’m not sure if expediting the re entry permit at that time will add a value (It will expire by October 2021 in your case)

 

come back before ur conditional green card expires then apply to remove the condition. I’m not sure how long removing the condition will take.

 

after removing the condition, apply for re entry permit, make sure it is accepted by USCIS ( check cashed or receipt notice issued)

You can leave after that then come back to do the biometric then leave again.

 

it will be expensive journey (3 trips).

 

 

best luck and I hope ur mother will be ok. 

 

Edited June 22, 2021 by mmsk

[Alex78 0]

Thank you all for the get well wishes for my mother and thank you for the advice.

 

Yes, these were paid consultations by immigrations lawyers in my area.

Shameful that they both gave me wrong guidance !!

 

 

[SusieQQQ 11,586]

2 hours ago, Alex78 said:

Thank you all for the get well wishes for my mother and thank you for the advice.

 

Yes, these were paid consultations by immigrations lawyers in my area.

Shameful that they both gave me wrong guidance !!

 

 

I see so many stories of bad advice by lawyers on VJ, I honestly despair. At least you found out before you were caught in a bind…unlike some others who have had lawyers mess their cases up.