IR1 Visa

[soni1952 0]

Hello everyone,,,I am not sure if this is the right thread for this question or not, so please advise if not. Basically my sister came to US on immigration visa and has a valid green card. Unfortunately due to an emergency she has to live for India in 3 days and may have to stay there more than 12 months. I understand that she has to file for I-131 to get a re-entry permit. However, one of the things it mentions is that you have to get her fingerprinting done. Now since she will be leaving in 3 days, it is probably not enough. is there any way around this? any other tips/suggestions please help us out...thanks for your help in advance....

[LotofPatience 65]

Hello everyone,,,I am not sure if this is the right thread for this question or not, so please advise if not. Basically my sister came to US on immigration visa and has a valid green card. Unfortunately due to an emergency she has to live for India in 3 days and may have to stay there more than 12 months. I understand that she has to file for I-131 to get a re-entry permit. However, one of the things it mentions is that you have to get her fingerprinting done. Now since she will be leaving in 3 days, it is probably not enough. is there any way around this? any other tips/suggestions please help us out...thanks for your help in advance....

Somebody will move this thread to the right forum.

She has to take bio-metrics as part of re-entry permit. No other way around it.

http://chennai.usconsulate.gov/immigrantstous/for-returning-legal-permanent-residents.html

If she doesn't take re-entry permit and stays outside the U.S for more than 1 year, she must qualify for "Returning Resident" for special immigrant visa.

Loto

[Darnell 8,478]

emergency lasts 12 months? really? surely she can return, after emergency is fixed.

perhaps I don't have idea of any emergency that takes 12 months to fix. OK !

[SPSguy 18]

The biometrics are necessary and must be done before the immigrant leaves the United States. It will take about 30 days from time of mailing to time of appointment. Then after the finger printing it will take another 3+ months to receive the permit. My wife has been waiting for hers and should be receiving it any day now. Ours isn't for emergency but for work.

I don't encourage and I don't really like it when people apply for "emergency" benefits that last for 12 months or longer. I just makes those that are in a real emergency difficult. But if you must know, the lenghth of stay outside of the U.S. isn't a factor in getting the re entry approved. I have seen life and death and financial emergencies receiving priority, often within 30 days of petition submission. You will need letters from the doctor or some formal notice of financial malais to demand the needed attention.

[twulf 0]

Soni1952, I agree with the above responses. There is no way around the fingerprinting. If you had some more time, may be you could've spoken to USCIS and put an expedite request (which they do entertain at times, i personally know somebody who was able to get the whole process expedited and get an early biometrics appointment and then have someone else mail the re-entry permit after they had left the US etc. Seems like your sister will have to come back once and get this sorted out and they stay out of US.

One way is that you send in your I-131 for her right now and since it takes about 30 days to get a fingerprinting appointment ( and it can be rescheduled twice I think) she can tend to the emergency and come back compelte the process and go back. I know it sounds like quite an effort but if she doesn't start the process, they she'll have to come back within 6 months, file the I-131 and wait in the US for 3 months for the whole thing to end = 2 trips anyways.. Good luck.

[Darnell 8,478]

ya, if yer gonna take 2 trips anyways, with an IR-1 visa in hand -

why even bother with AP?

Turn around , come back at 5.5 month mark, stay 3 weeks, go back, come back again 5.5 months later.

Seriously.

You can have it good, fast or cheap. Pick 2.