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I-131 Questions; Processing time, can I leave while it is in process?

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  • I-131 Questions; Processing time, can I leave while it is in process?

    I have just filed an I-131 to be allowed to leave for up to 12 months without affecting my permanent residency as I do want to file for Citizenship when I have had my green card 3 years.

    My question is, can I leave while it is in process after the biometrics appointment? Do I have to stay in the US until it is approved/denied?

    If I put on the application my planned dates of travel for the 12 months starts in November am I allowed to travel before then for a few weeks?

    I hope I am understanding the citizenship right that even though I've been married 4 1/2 years, because I've only had the green card for 1 1/2 years I cannot apply for citizenship yet - is this right??

    Thank you!!

    Kirstine

  • #2
    Q. Are applicants for Form I-131 re-entry permits or refugee travel documents required to be physically present in the U.S. at the time of filing of the I-131 application?
    A. While USCIS urges all applicants for refugee travel documents to anticipate their need for the document before leaving the United States and to allow sufficient time for processing and adjudication, certain USCIS overseas offices do have discretionary authority to adjudicate an application for a RTD. See 8 C.F.R. § 223.2 (b)(2)(ii). This option is not available for applications for re-entry permits. Applicants filing for re-entry permits must be physically present in the United States when they file the re-entry permit application. See 8 C.F.R. § 223.2(b)(1). USCIS or a U.S. Department of State Embassy or Consulate can deliver re-entry permits, as well as refugee travel documents to the applicant at an overseas office if the applicant requests so at the time of filing Form I-131. See 8 C.F.R. § 223.2(f). To reiterate, filing of Form I-131 for a re-entry permit must be done while the person is physically present in the United States.


    Q. I am a Lawful Permanent Resident (LPR) who will be out of the US for more than 1 year? What documents will I need to return to the US?
    A. To reenter the U.S. an LPR normally needs to present his or her green card (Permanent Resident Card, Form I-551). A reentry permit is needed for reentry from absences outside the U.S. that are greater than one year but less than two years in duration. Thus, if an LPR anticipates remaining outside the U.S. for longer than one year, he/she will need to apply for a reentry permit while he or she is in the U.S. See 8 C.F.R. § 223.2(b)(1)(Re-entry permit may be approved IF filed by a person who is in the U.S. at the time of application)(emphasis added). An application is not complete until an individual has provided his or her fingerprints and photograph (i.e., biometrics). The newly revised I-131 instructions also provide procedures for requesting an expedited ASC appointment for biometrics collection and for requesting expedited delivery of a travel document, where needed. USCIS believes that the majority of LPRs who live abroad will be able to re-enter the U.S. using their Permanent Resident Cards. Those LPRs who currently live abroad, but who know that when they return to the U.S. they will need to apply for a Re-entry Permit because they plan to leave the U.S. again for more than a year and will need the permit to re-enter the next time they come to the U.S., USCIS encourages these LPRs to anticipate their need for the Re-entry Permit sufficiently in advance of their travel and, if necessary, to follow the procedures for obtaining an expedited ASC appointment where absolutely necessary. If the LPR departs from the U.S while the I-131 is pending, but before biometrics are taken, then the adjudication of the I-131 re-entry permit application will not be affected as long as the applicant returns to the U.S. to attend the biometrics appointment before the first year of foreign travel has ended. In such case, the LPR could apply for reentry to the U.S. using only his or her I-551 Permanent Resident Card if he has been absent for less than one year. We further note that if it is necessary, the LPR may make arrangements to have his Re-entry Permit delivered to him through a U.S. consulate or a USCIS office abroad. 8 C.F.R. 223.2(f).

    Q. Is there a place for me to call with further questions?
    A. Please contact the USCIS National Customer Service Center by calling (800) 375-5283 or (800) 767-1833 (TTY).

    Comment


    • #3
      I-131 , citizehship

      i had applied for i-131 and i took my travel document for 2 years so my question is

      after the 2 years , did i need to stay in the us for another 3 years to became a citizen or i need to stay for 5 years more to become a citizen ?

      Comment


      • #4
        another 5 years

        Comment


        • #5
          Urgent !

          Hi Does anybody know how long I can stay outside of US with a Green card.
          Do I need to make trips within 6 months ? I entered US on my GC in May. Got my hard copy of the card and came to Uk on 9th June..
          Do I need to reach US before 9th of December. I plan to come to US for a week in Nov2011 file I-131 and request them to arrange the biometrics later in Feb 2012. Can I do this ?


          Q. I am a Lawful Permanent Resident (LPR) who will be out of the US for more than 1 year? What documents will I need to return to the US?
          A. To reenter the U.S. an LPR normally needs to present his or her green card (Permanent Resident Card, Form I-551). A reentry permit is needed for reentry from absences outside the U.S. that are greater than one year but less than two years in duration. Thus, if an LPR anticipates remaining outside the U.S. for longer than one year, he/she will need to apply for a reentry permit while he or she is in the U.S. See 8 C.F.R. § 223.2(b)(1)(Re-entry permit may be approved IF filed by a person who is in the U.S. at the time of application)(emphasis added). An application is not complete until an individual has provided his or her fingerprints and photograph (i.e., biometrics). The newly revised I-131 instructions also provide procedures for requesting an expedited ASC appointment for biometrics collection and for requesting expedited delivery of a travel document, where needed.
          USCIS believes that the majority of LPRs who live abroad will be able to re-enter the U.S. using their Permanent Resident Cards. Those LPRs who currently live abroad, but who know that when they return to the U.S. they will need to apply for a Re-entry Permit because they plan to leave the U.S. again for more than a year and will need the permit to re-enter the next time they come to the U.S., USCIS encourages these LPRs to anticipate their need for the Re-entry Permit sufficiently in advance of their travel and, if necessary, to follow the procedures for obtaining an expedited ASC appointment where absolutely necessary.
          If the LPR departs from the U.S while the I-131 is pending, but before biometrics are taken, then the adjudication of the I-131 re-entry permit application will not be affected as long as the applicant returns to the U.S. to attend the biometrics appointment before the first year of foreign travel has ended. In such case, the LPR could apply for reentry to the U.S. using only his or her I-551 Permanent Resident Card if he has been absent for less than one year. We further note that if it is necessary, the LPR may make arrangements to have his Re-entry Permit delivered to him through a U.S. consulate or a USCIS office abroad. 8 C.F.R. 223.2(f).

          Comment


          • #6
            Validity date of re-entry permit

            I am planning to leave the U.S for a period of about two years in June of 2012 and am wondering what the best time is to apply for a re-entry permit from the date of travel. If I apply now (October 2011) and put the planned date of travel in the application form as June 2012, will the validity start in June or whenever I get the permit ? I would prefer to apply early so it is one less thing to worry about but I do not want to do it at the expense of time being taken away from the 2yrs. So, what I am trying to get at is how is the validity date determined of the re-entry permit ?

            thanks in advance
            H

            Comment


            • #7
              Urgent help needed

              Hello i expedited my travel document process thru my attorney ...I received my i131 receipt July 2nd 2016,I then got mail for my biometrics appointment scheduled for July 26th 2016,my biggest concern is I already purchased my plane ticket to depart to the Bahamas for august 1st 2016,...what I want to know is will my travel document arrive after I've completed my biometrics on the 26th of July(this upcoming Tuesday)

              Comment


              • #8
                I-131

                Hi,

                I'm pending asylum, I've done biometrics, just received my EAD, and I'm planning to go to Mexico for a dental work. My question are:

                How long approximately does it take to issued?

                Is dental treatment considered medical treatment concerning rules?

                Am I applying for the right type of document considering my status - Advance parole -?

                Thank you!

                Comment


                • #9
                  I have sent application form I 131 on 30 June 2017 and received by USCIS on 3 July 17, I received notice of action form I 797 c on 6 July 17, notice of action done on 12 July and advised us to attend Biometircs on 26 July 17, we attended with I 797 c notice of action for biometrics on 20 July , we went earlier than 26 july for biometrics, and then we left USA and later on 14 of August our Reentry permission Travel Document was sent to my relative address in USA.

                  Comment

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