Help Needed: Applying for Re-Entry Permit During ROC

[elle.and.elle 25]

Hi all! I'm hoping to get some advice from folks here on my wife's current situation. Due to her dad's illness, my wife needs to travel back to Vietnam during this time. While there are no commercial flights available, there are chartered flights by the Vietnam government for Vietnamese nationals. With the impact of COVID, we do not know if she'll be able to get a flight back to the US easily. We also don't know how long she'll be in Vietnam due to her dad's illness. I think the best thing to do is to apply for a re-entry permit before she leaves. Our issue is that she's in the middle of her RoC with 10 months left (expires August 2021) before the 18 month extension expires. My questions are:

 

1. Will the re-entry permit be valid only until this extension? Or will she receive a re-entry permit with a 2 year expiration?
2. If the re-entry permit expires at the same time of her extension, would it be better to just travel with extension notice and try to head back before 6 months stay?
3. Are biometrics being processed for re-entry permits right now? Her AOS biometrics were applied to her ROC filing. Just wondering if anyone else has gone through this recently. We're trying to figure out when best to apply for the chartered flight as there may be a waiting list. We know that she shouldn't leave the US until biometrics are received for the re-entry permit. Our local office is San Jose, CA. 

 

Thanks!

[HRQX 4,145]

2 hours ago, elle.and.elle said:

We know that she shouldn't leave the US until biometrics are received for the re-entry permit.

Actually, she can leave after filing I-131 but must return for biometrics. 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."

[aaron2020 11,651]

1 hour ago, HRQX said:

Actually, she can leave after filing I-131 but must return for biometrics. 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."

While she could leave the US after filing the I-131 and return for biometrics, this advice is completely impractical.   She would need to quarantine for 14 days upon arriving in Vietnam, then find a flight back to the US for her biometrics appointment which could happen at any time when there are few flights from Vietnam to the US, and then fly back to Vietnam on another repatriation flight where she would endure another 14 days of quarantine.

It's best that she she stays in the US for her biometrics after filing the I-131, then leave for Vietnam.  

In the age of Covid, it ain't that easy to fly around the globe.  

What do you think are her chances of getting on a second repatriation flight going to be?  

Edited October 15, 2020 by aaron2020

[aaron2020 11,651]

4 hours ago, elle.and.elle said:

Hi all! I'm hoping to get some advice from folks here on my wife's current situation. Due to her dad's illness, my wife needs to travel back to Vietnam during this time. While there are no commercial flights available, there are chartered flights by the Vietnam government for Vietnamese nationals. With the impact of COVID, we do not know if she'll be able to get a flight back to the US easily. We also don't know how long she'll be in Vietnam due to her dad's illness. I think the best thing to do is to apply for a re-entry permit before she leaves. Our issue is that she's in the middle of her RoC with 10 months left (expires August 2021) before the 18 month extension expires. My questions are:

 

1. Will the re-entry permit be valid only until this extension? Or will she receive a re-entry permit with a 2 year expiration?
2. If the re-entry permit expires at the same time of her extension, would it be better to just travel with extension notice and try to head back before 6 months stay?
3. Are biometrics being processed for re-entry permits right now? Her AOS biometrics were applied to her ROC filing. Just wondering if anyone else has gone through this recently. We're trying to figure out when best to apply for the chartered flight as there may be a waiting list. We know that she shouldn't leave the US until biometrics are received for the re-entry permit. Our local office is San Jose, CA. 

 

Thanks!

Hi,

 

Sorry about her dad.

 

The repatriation flights are mainly for international students and other people with non-immigrant visas who are stranded abroad and need to return to Vietnam.  It's highly unlikely that a US green card holder will be repatriated to Vietnam.  

Your wife should contact the US Consulate in San Francisco for assistance.  They should be able to give her the latest information on repatriation flights.  

Best of luck.  

[elle.and.elle 25]

6 hours ago, aaron2020 said:

Hi,

 

Sorry about her dad.

 

The repatriation flights are mainly for international students and other people with non-immigrant visas who are stranded abroad and need to return to Vietnam.  It's highly unlikely that a US green card holder will be repatriated to Vietnam.  

Your wife should contact the US Consulate in San Francisco for assistance.  They should be able to give her the latest information on repatriation flights.  

Best of luck.  

 

We've checked with the requirements online and do think that she meets the qualification as long as she's a Vietnamese citizen. Now, priority for getting on a flight may be different given that she is not "stuck" in the US. The form for registering for a repatriated flight also let's you specify how you entered the US and includes an option for green card holders. We do plan to contact the Vietnam Consulate in SF this morning once they open. They will probably be able to answer the questions for getting into Vietnam, but not questions on her immigration status here in the US.

 

With regards to your question on getting on a second chartered flight, this is something that we've also thought about and do plan to ask the Consulate as well. I think chances are low here, but I'm hoping that commercial flights will be available again sometime next year so this wouldn't be a problem. 

 

Thanks!

[da95826 387]

Best to return within 6 months for lots of reasons it will help with narulzation she can get a i551 Stamp in passport at the end of her extension and return home.  

 

It may be possible to fly through 3rd counties between here and there, look for creative itineraries, she my need to quarantine there but then travel on to the US.

 

If she is out of the US and you are both called for an interview for your i751 case it will be denied if she can't get back in time. If the case is denied while out of the US not sure her re-entry permit would be valid any more. You would have the right to go before a judge her LPR status does not end until the immigration judge tremeates it so maybe it would be possible to keep the case alive and get approval if she can get back to appear. If denied you can refile an i751 but I think she needs to be in the USA to file an i751.

 

An another issue in 8 months you would need an i551 stamp in her passport to travel, can the US embassy issue her one there I don't know (not sure a reentry permit works with an expired green card). 

 

USCIS can see she is out of the county and if you two are apart for a long time it may hurt you i751 case they can also see she filed for an reentry permit also indicating a long separation, I would say you would be more likely to be interviewed. You should both document time together online, and correspondence between each other while she is away you may need that evidence for the i751 case but you will need it for a n400 application later for sure.

 

The best case scenario is the ROC is approved without an interview while she away and you send her 10 year green card and she has an valid reentry permit. I hope this is what happens.

 

I don't have answers to your questions how the reentry permits work with an expired green card but I do think it is risky for your i751 case to spend a long period of time away from each other and her possible inability to respond to a interview appointment in a timely manner.

 

I so sorry about her dad and I hope she can see him soon.

 

[HRQX 4,145]

8 minutes ago, da95826 said:

An another issue in 8 months you would need an i551 stamp in her passport to travel, can the US embassy issue her one there I don't know (not sure a reentry permit works with an expired green card).

Can travel with valid reentry permit and expired GC. CBP info for airlines confirms this: https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

(Can't get new ADIT stamp abroad.)

Edited October 16, 2020 by HRQX

[Thegirl 225]

The re-entry permit should have it's own expiration. 

[da95826 387]

HRQX is correct it looks like the reentry permit all by itself will work, so as long as it remains valid to let her reenter the USA .

 

From USCIS:

Permit to Re-Enter A lawful permanent resident may re-enter the United States with Permit to Re-Enter (Form I-327) without possession of a permanent resident card. Absence from the United States may exceed one year when a Re-Entry Permit is presented.

 

 

Edited October 16, 2020 by da95826

[elle.and.elle 25]

1 hour ago, da95826 said:

HRQX is correct it looks like the reentry permit all by itself will work, so as long as it remains valid to let her reenter the USA .

 

From USCIS:

Permit to Re-Enter A lawful permanent resident may re-enter the United States with Permit to Re-Enter (Form I-327) without possession of a permanent resident card. Absence from the United States may exceed one year when a Re-Entry Permit is presented.

 

 

 

I've checked the instructions on Form I-131 (top of page 3) and it states that:

Quote

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.

 

I believe this means she really can't apply for a re-entry permit as the second condition has already passed. 

[elle.and.elle 25]

3 hours ago, da95826 said:

Best to return within 6 months for lots of reasons it will help with narulzation she can get a i551 Stamp in passport at the end of her extension and return home.  

 

It may be possible to fly through 3rd counties between here and there, look for creative itineraries, she my need to quarantine there but then travel on to the US.

 

If she is out of the US and you are both called for an interview for your i751 case it will be denied if she can't get back in time. If the case is denied while out of the US not sure her re-entry permit would be valid any more. You would have the right to go before a judge her LPR status does not end until the immigration judge tremeates it so maybe it would be possible to keep the case alive and get approval if she can get back to appear. If denied you can refile an i751 but I think she needs to be in the USA to file an i751.

 

An another issue in 8 months you would need an i551 stamp in her passport to travel, can the US embassy issue her one there I don't know (not sure a reentry permit works with an expired green card). 

 

USCIS can see she is out of the county and if you two are apart for a long time it may hurt you i751 case they can also see she filed for an reentry permit also indicating a long separation, I would say you would be more likely to be interviewed. You should both document time together online, and correspondence between each other while she is away you may need that evidence for the i751 case but you will need it for a n400 application later for sure.

 

The best case scenario is the ROC is approved without an interview while she away and you send her 10 year green card and she has an valid reentry permit. I hope this is what happens.

 

I don't have answers to your questions how the reentry permits work with an expired green card but I do think it is risky for your i751 case to spend a long period of time away from each other and her possible inability to respond to a interview appointment in a timely manner.

 

I so sorry about her dad and I hope she can see him soon.

 

We both realize that being away from the US for more than 6 months will also mean that she would not meet the continuous residence requirement for naturalization as well and not ideal. If the state of the world wasn't as is, we definitely wouldn't be worried about coming back early. We also want to try to keep her risk of COVID exposure down where possible and the less international trips she has to do, the better. 

 

Thank you for the reminder on being back for the I-751 interview and continuing to document evidence while she's away. We filed with CSC and it looks like it'll be another year before it may get approved. Never has the long waiting period been a good thing.

 

I don't think it's possible to fly through a 3rd country right now as we're on some FB groups for Vietnamese students and from what we can see, everyone who has booked something from US to VN through a 3rd country has had their flight canceled. Vietnam has been very strict with opening their borders and controlling the virus.

 

Thank you for your reply and kind words.

 

[da95826 387]

If you can not get a reentry permit your only  remaining option would be an SB-1 visa if she remains home beyond life of the green card. With the ROC pending not sure what happenes if it is denied while she away, if that happens I hope she will still be eligible for SB-1. If she gets back on a SB-1 and your i751 is still pending I would guess your all good, if i751 has been denied while she is out of the USA I would guess you would re-file an i751(assuming she is back in USA). 

 

https://www.ustraveldocs.com/no/no-iv-sbivisas.asp

Returning Resident Visas (SB1)

Permanent resident aliens, who were unable to return to the United States for reasons beyond their control within the travel validity period of the Permanent Resident Card (Green Card), or the Reentry Permit, may apply for a special immigrant Returning Resident (SB1) visa.

To qualify for Returning Resident Status, you must show:

•  That you were a lawful permanent resident when you departed the United States,
• That when you departed you intended to return to the United States and have maintained this intent,
• That you are returning from a temporary visit abroad and, if the stay was protracted, it was caused by reasons beyond your control and for which you were not responsible, and
• That you are eligible for the immigrant visa in all other respects.

If you have lost your permanent resident status, and you wish to apply for a "Returning Resident visa," you must contact the Consular Section by e-mailing OsloLPR@state.gov in order to schedule an appointment to file an "Application to Determine Returning Resident Status" (Form DS-117) and submit evidence to support the above requirements along with filing the form.

Please find more information about the application process, including information on current fees, at Travel.State.Gov, the Bureau of Consular Affairs website.

The fee for filing the "Application to Determine Returning Resident Status" (Form DS-117) is non-refundable if your application is denied. Payment is accepted in cash (US$ or NOK) or credit card.

If the application for Returning Resident Status is approved by the consular officer, the Consular Section will send you more detailed information on how to proceed with applying for the visa.

[aaron2020 11,651]

24 minutes ago, da95826 said:

If you can not get a reentry permit your only  remaining option would be an SB-1 visa if she remains home beyond life of the green card. With the ROC pending not sure what happenes if it is denied while she away, if that happens I hope she will still be eligible for SB-1. If she gets back on a SB-1 and your i751 is still pending I would guess your all good, if i751 has been denied while she is out of the USA I would guess you would re-file an i751(assuming she is back in USA). 

 

https://www.ustraveldocs.com/no/no-iv-sbivisas.asp

Returning Resident Visas (SB1)

Permanent resident aliens, who were unable to return to the United States for reasons beyond their control within the travel validity period of the Permanent Resident Card (Green Card), or the Reentry Permit, may apply for a special immigrant Returning Resident (SB1) visa.

To qualify for Returning Resident Status, you must show:

•  That you were a lawful permanent resident when you departed the United States,
• That when you departed you intended to return to the United States and have maintained this intent,
• That you are returning from a temporary visit abroad and, if the stay was protracted, it was caused by reasons beyond your control and for which you were not responsible, and
• That you are eligible for the immigrant visa in all other respects.

If you have lost your permanent resident status, and you wish to apply for a "Returning Resident visa," you must contact the Consular Section by e-mailing OsloLPR@state.gov in order to schedule an appointment to file an "Application to Determine Returning Resident Status" (Form DS-117) and submit evidence to support the above requirements along with filing the form.

Please find more information about the application process, including information on current fees, at Travel.State.Gov, the Bureau of Consular Affairs website.

The fee for filing the "Application to Determine Returning Resident Status" (Form DS-117) is non-refundable if your application is denied. Payment is accepted in cash (US$ or NOK) or credit card.

If the application for Returning Resident Status is approved by the consular officer, the Consular Section will send you more detailed information on how to proceed with applying for the visa.

An SB -1 would not work in this situation.  An SB-1 requires a reason beyond her control as to why she could not return to the US within a year.  Covid-19 is not an acceptable excuse for an SB-1 at the US Consulate in HCMC.  

Edited October 16, 2020 by aaron2020

[wagner17 24]

On the plus side, right now it's taking months to get an interview after the online tool tells you that you will be scheduled for an interview (there might even still be some pre-Covid cancellations still waiting to be rescheduled), then after that it's taking some people like a month to even get the interview letter.  The situation might change by the time you get your ROC interview but I suspect even if you do get one you will probably have to plenty of time to come back.

[da95826 387]

Not sure I agree with aaron2020 abut COVID not being an excuse, but I think you can set her up case to get approved for an SB-1 visa. 

 

If possible, book travel for her to return to the USA if any airline, train, or boat whatever any mode of travel that is taking reservations for a date just within the 6 months after her departure. Officially plan to return USA and document it, then if the flights are cancelled then I think it become beyond your control regardless of the reason and she will qualify for an SB-1.

 

If all else fails you will go back to requesting a K3 visa for her to return USA, but I think if you have to do that she will likely need to get a green card all over again.

 

I think it is possible of your i751 case to be approved well... anytime, but it becomes somewhat more likely in three or four months (about a year out from filing) I know you are in the California service center but they do approve some cases near the year time frame .