Options for Re-entry permit

[stephensyd 0]

I've been a green card holder since April 2015, I was previously on a L1B and did an AOS to the green card in April. I traveled back to Australia for a holiday, and ended up staying until June before I came back to the US and packed up my personal belongings etc and moved back to Australia on the 30th of June. I returned for health reasons and always intended on returning back to the US within 6 months but it's now been 11 months and I'm still struggling with my health but want to retain my green card.

What I'm wondering is can I return to the US for a few days before June 30 2016, to file a re-entry permit, then return to Australia and make a second trip to the US for the biometrics appointment.. assuming that will be in July. I also have a friend at my US mailing address who could file the I-131 for me, but I'm not sure if that is technically allowed.

Thanks

[Harpa Timsah 13,258]

You can mail the reentry permit from abroad, even, but you must return to the US for biometrics. You should return before one year is up (you've been out 11 months), though, or you'll lose the GC anyway. Good luck.

[stephensyd 0]

Ok thanks, there is so much conflicting information online, I wasn't sure if I had to be in the United States to file.

[stephensyd 0]

There seems to be an option to file at the local embassy or consulate..

https://www.uscis.gov/i-131-addresses

[Hypnos 6,576]

Yes, you can do this.

The I-131 instructions state that you must be physically present in the US at the time you file the application, however.

If you do not return to the US prior to having been overseas for 365 days, your green card may be considered to be abandoned by CBP, and you may well be referred to immigration court where they would ask an immigration judge to revoke your LPR status.

[stephensyd 0]

Yes, you can do this.

The I-131 instructions state that you must be physically present in the US at the time you file the application, however.

If you do not return to the US prior to having been overseas for 365 days, your green card may be considered to be abandoned by CBP, and you may well be referred to immigration court where they would ask an immigration judge to revoke your LPR status.

Ok thanks, which comment were you replying to, filing i-131 at embassy or?

[Hypnos 6,576]

I doubt the embassy would let you file an I-131 without highly extenuating circumstances, but if you feel you have them you could ask.