In need of help re: Reentry Permit

[Zozolini 2]

Hi, everyone. 

 

I'm a bit confused and anxious about my case and, after a consultation with a lawyer that didn't go well, I thought I would go back to Visa Journey for advice as it worked great for me in the past. I will try to be concise:

 

My background and timeline: EU citizen living in the USA since 2014, got Green Card through marriage of US citizen in 2017 (the help I got from VisaJourney's wonderful community was absolutely crucial!), have lived in New York since 2015. Spouse and I sold our house a few months ago and decided to spend some time in my home country due to not having spent any time there in the last 10 years and also having a relative really ill. We both still have work commitments, friends, family members, bank accounts, phone numbers, student loans in the USA, and we’re planning to come back but just not yet. It might be a year, or two, depending on how things go.

 

I have work commitments in the USA that require me to be present starting autumn of 2026 but, because it could get to up to a year since the last time my feet were in the USA, this lawyer recommended that I file for a Re-Entry Permit to avoid trouble when coming back.

 

I left NY on the 22nd of July, came back for work on 20th October and left the US again on the 24th of October. Since 24 April would make 6 months and it seems that the 6 month mark is key (according to this lawyer and posts here and elsewhere), so that would mean I should start planning a trip to be there early April or sooner, to file the re-entry permit. 

 

Does this make sense? 

 

The lawyer I consulted encouraged me to come back to the US, file the re-entry permit, and then go back to my country just after it’s been confirmed as filed/processing, with the idea of having this trip be short and convenient for me. Then I found this following paragraph mentioning I must file the form at least 60 days prior to my date of travel, which sounds contradictory to the idea of making a quick trip to the US, apply, and come back to my country. Could anyone please clarify this for me?

 

Quote

“To apply for a reentry permit, you must file Form I-131, Application for Travel Document, while you are physically present in the United States and at least 60 days prior to your intended date of travel. In addition, when you apply for a reentry permit, USCIS will notify you when to appear at a designated Application Support Center (ASC) in the United States to obtain your biometrics. If you leave the United States before you provide your biometrics, USCIS may deny your reentry permit application.”

 

 

A few other questions:

 

• Part 4 of the i131 form has a section (7) that asks where I want the Reentry Permit sent to. For those of you who have experience with the embassy option, how did that work for you?
• Biometrics appointment: Is there any pattern as far as when biometrics appointment is waived? How likely is it to be waived? And, how long does it usually take to get scheduled after USCIS receive the application? and, lastly, is it definitely at a local appointment in New York or can it be at the embassy in the country I’m from? I checked the website of the embassy but couldn't get any clarity, so I thought I need to give them a call and see what they say but haven't had the chance yet.
  • This is from the instructions to form i131:◦

    Quote

    "The alien must be physically present in the United States when they file the Reentry Permit application and complete the biometric services requirement. After filing the application for a Reentry Permit, USCIS will inform the alien in writing when to go to their local Application Support Center (ASC) for their biometric services appointment. USCIS may require you to appear for an interview or provide biometrics (fingerprints, photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application or petition. If we determine that a biometric services appointment is necessary, we will send you an appointment notice with the date, time, and location of your appointment. If you are currently overseas, your notice will instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to schedule an appointment.

     

• Regarding Form G 1450: latest edition I found is from November, 15, 2021. Is that the version still used today? I haven't been able to find a newer one but I'm quite anxious about this, so I thought I would ask.
• Form i-131: latest edition I found is January 20, 2025. I’m assuming it’s the most recent version. 

 

 

Thank you so much for your time and guidance!

 

 

 

[Boiler 48,666]

Naturalizing would have solved your issue

 

You may need Biometrics 

[Zozolini 2]

I'm aware of that but I am not interested in pursuing that at this point. 

[Crazy Cat 46,189]

33 minutes ago, Zozolini said:

lastly, is it definitely at a local appointment in New York or can it be at the embassy in the country I’m from?

There are no USCIS offices outside the US.  Must be done in the US.

Edited 3 hours ago by Crazy Cat

[Zozolini 2]

Thank you. So this line from the instructions: 

Quote

If you are currently overseas, your notice will instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to schedule an appointment.

, is then about scheduling the appointment which will actually take place in the USA?

 

[appleblossom 5,775]

33 minutes ago, Zozolini said:

Biometrics appointment: Is there any pattern as far as when biometrics appointment is waived? How likely is it to be waived? And, how long does it usually take to get scheduled after USCIS receive the application? and, lastly, is it definitely at a local appointment in New York or can it be at the embassy in the country I’m from?

 

I'd say unlikely in your case, as any biometrics you did for your GC application will be quite old now. It's sometime waived if they can be reused from another application, but that's generally only if the other application was recent with modern biometrics. 

 

You have to do biometrics before you leave the US, see the attached doc. 

B5en.pdf

[Zozolini 2]

4 minutes ago, appleblossom said:

 

I'd say unlikely in your case, as any biometrics you did for your GC application will be quite old now. It's sometime waived if they can be reused from another application, but that's generally only if the other application was recent with modern biometrics. 

 

You have to do biometrics before you leave the US, see the attached doc. 

B5en.pdf 667.32 kB · 1 download

Thanks very much for sharing that guide, very helpful! 

 

Does anyone know how long the biometrics appointment tends to be scheduled after filing in New York? Having to file there and wait for the biometrics appointment can be a big problem if it's a matter of months instead of a week or two. Not sure I would be able to do it, actually, so I would probably file, leave, and then come back to be present at the biometrics appointment.

 

Does anyone have experience with this?

[appleblossom 5,775]

2 minutes ago, Zozolini said:

Thanks very much for sharing that guide, very helpful! 

 

Does anyone know how long the biometrics appointment tends to be scheduled after filing in New York? Having to file there and wait for the biometrics appointment can be a big problem if it's a matter of months instead of a week or two. Not sure I would be able to do it, actually, so I would probably file, leave, and then come back to be present at the biometrics appointment.

 

Does anyone have experience with this?

 

I wouldn't leave, it can be refused if you do that as it says in the file above ('If you leave the United States before you provide your biometrics, USCIS may deny your application.'). Biometrics can also be super short notice, I think you'll have to plan to stay until you have them. 

 

I know you said you didn't want to pursue citizenship at this time, but it would give you the ability to come and go as freely as you wish - maybe something to look at again?

 

 

[Edward and Jaycel 2,472]

Biometrics for Re-Entry permits are now being scheduled in almost 100% of the cases. You can leave the US once you have completed that appointment

[Zozolini 2]

6 minutes ago, appleblossom said:

 

I wouldn't leave, it can be refused if you do that as it says in the file above ('If you leave the United States before you provide your biometrics, USCIS may deny your application.'). Biometrics can also be super short notice, I think you'll have to plan to stay until you have them. 

 

I know you said you didn't want to pursue citizenship at this time, but it would give you the ability to come and go as freely as you wish - maybe something to look at again?

 

 

Thank you. 

 

The way I interpreted that line from the Reentry guide was that it's in reference to the long trip outside the USA for which the Reentry Permit is needed, so I was thinking that I could simply fly back to the US for the biometrics appt once is scheduled. Is this wrong? 

 

Regarding citizenship, I can see that it would probably be the solution but I'm trying to avoid it as much as possible. I suppose I should look at it again.

[Zozolini 2]

3 minutes ago, Edward and Jaycel said:

Biometrics for Re-Entry permits are now being scheduled in almost 100% of the cases. You can leave the US once you have completed that appointment

Thank you. Do you happen to know what's the current and common length of time between the day one sends the paperwork and the biometrics appointment?

[appleblossom 5,775]

1 minute ago, Zozolini said:

The way I interpreted that line from the Reentry guide was that it's in reference to the long trip outside the USA for which the Reentry Permit is needed, so I was thinking that I could simply fly back to the US for the biometrics appt once is scheduled. Is this wrong? 

 

It doesn't say that though. It says if you leave before biometrics your application can be refused - not worth risking IMO.

 

Is there a specific reason you don't want to get citizenship if you've been a GC holder for over a decade? As a GC holder you're subject to all of the same downsides as citizens anyway (i.e. exit tax, tax on worldwide income etc). So unless there's a very specific reason such as your home country not allowing dual citizenship (I'm guessing that's not the case as you're from the EU), then it would be the obvious solution really. 

[Edward and Jaycel 2,472]

3 minutes ago, Zozolini said:

Thank you. Do you happen to know what's the current and common length of time between the day one sends the paperwork and the biometrics appointment?

 

It can vary so widely that it's hard to say but generally you get an appointment within 3-4 weeks after they accept your application

[Zozolini 2]

20 minutes ago, appleblossom said:

 

It doesn't say that though. It says if you leave before biometrics your application can be refused - not worth risking IMO.

 

Is there a specific reason you don't want to get citizenship if you've been a GC holder for over a decade? As a GC holder you're subject to all of the same downsides as citizens anyway (i.e. exit tax, tax on worldwide income etc). So unless there's a very specific reason such as your home country not allowing dual citizenship (I'm guessing that's not the case as you're from the EU), then it would be the obvious solution really. 

You are right. Thanks.

 

The reasons are mainly moral, so it's something that I keep in mind as a very last resort. 

18 minutes ago, Edward and Jaycel said:

 

It can vary so widely that it's hard to say but generally you get an appointment within 3-4 weeks after they accept your application

Thank you

Edited 1 hour ago by Zozolini