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Do I have to return my first re-entry permit if I need to apply for another one?

I obtained my permanent residency through the EB-5 program. I currently live outside the U.S. with a re-entry permit approved in March 2017. Due to personal reasons, I have to stay outside the country longer, so I need to apply for another re-entry permit. I understand that I need to be physically present in the U.S. to submit an application, then I can leave when it is pending and only come back for the biometrics appointment. The issue is, in order to apply for another re-entry permit, I will need to return my current one. Once I return the current one, I could not travel back to the U.S. for the biometrics appointment. And I cannot stay in the U.S. for too long just to wait for USCIS to process my application. How should I proceed? Do I have to return my current re-entry permit in order to apply for a new one?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You are required to be in the U.S. to file for a new re-entry permit. As a matter of rule, the current re-entry permit must be returned when you file for the new permit. You do not wait until the new permit is approved. You can pick up the new permit up from the U.S. consulate or embassy in the country where you will be residing. Also, it is advisable that you should wait for at least few actions on the new application before you leave the U.S. again, such as waiting for your biometrics appointment or waiting for the receipt of your filing from the USCIS.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You'll need to have a call with an immigration attorney to discuss the timelines and options involved. This is a little too involved for an online Q&A.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Normally you need to return your re-entry permit. Since you obtained your permanent residency already, you can certainly come to the U.S. with your permanent resident card. Once you are in the U.S., you should apply for the re-entry permit and get your biometrics done.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you have a valid re-entry permit in your possession, you will need to send it in when you apply for a new one. You need not send in an expired re-entry permit. For security reasons, USCIS will not issue a new re-entry permit to someone who already has a valid one in his or her possession. If you need a new re-entry permit because your previous one was lost, stolen or destroyed, please indicate this on your application for the new permit. Thus, we recommend that you apply for the re-entry permit and wait until biometrics are done before leaving U.S.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You can come back with your permanent resident card if the trip less than 180 days after the last visit. Yes, you have to surrender current re-entry permit if it is still valid.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you are expected to return the re-entry permit when you apply for a new one. However they do take several months to adjudicate these, so maybe you can file when you return and submit a copy of the re-entry permit later and explain that you need it to return to the USA. They should give you an opportunity to mail it in when they adjudicate the matter.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    It is advisable to not be away from the U.S. for more than six months. Otherwise, the immigration inspectors can presume that you have abandoned your residency. Then you will need to show proof, including the re-entry permit, of your continuous intent to be permanent in the U.S.

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    Charles Foster

    Immigration Attorney
    Answered on

    The next time you are back in the U.S., you should apply for a new U.S. re-entry permit on Form I-131. You do not necessarily have to return your existing re-entry U.S. permit. However, you do not need a U.S. re-entry to travel to the U.S. if you have been out of the U.S. for a relatively short period of time. Typically, if you've been out for a continuous period of less than six months, you should have no difficulty whatsoever of being re-admitted.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    No, you do not need to return the re-entry permit in order to apply for another re-entry permit.

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