Questions and Answers > EB-5 Forms

How can I apply for an I-131 re-entry permit outside the U.S.?

We got a conditional green card through EB-5 in March. Shortly after that, we went back to Japan to prepare for the move. It has been almost six months since we left and we might not be able to return to the U.S. soon. We want to apply for an I-131 re-entry permit now. When applying for the permit, can I mail in the application from outside the U.S. or can we apply for this travel document at the U.S. consular post in Japan?

Answers

• Marko Issever

  EB-5 Broker Dealer

  Answered on August 14, 2019

  You need to be in the U.S. to apply for a re-entry permit. It is not a task you could accomplish while being overseas. I understand that you obtained your green card several years ago. Have you also left the U.S., without a re-entry permit, several years ago? If that is the case, you might be considered to have abandoned your permanent residency status. If, on the other hand, you obtained your green card several years ago, but left the U.S. a few months ago, then technically you are still OK. Your best bet is to contact the U.S. consulate about a returning resident visa and explain your situation. Either case, you should be discussing this matter with an immigration attorney right away, as it is quite a serious issue. Best of luck.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on August 21, 2018

  You should try to file through the U.S. consulate in Japan.

• Marisa Casablanca

  Immigration Attorney

  Answered on August 20, 2018

  In order to apply for a re-entry permit, you must be in the United States.

• Charles Foster

  Immigration Attorney

  Answered on August 17, 2018

  You must file for your U.S. re-entry permit while physically in the U.S., even if it''s one day. It would be better for you to return within a six-month period if at all possible and be prepared, no matter how brief your stay is, to file for your U.S. re-entry permit on Form I-131 the day you are physically in the U.S.

• Julia Roussinova

  Immigration Attorney

  Answered on August 17, 2018

  You must be physically in the U.S. to apply for re-entry permit and also be present in the U.S. to complete your fingerprints appointment. A re-entry permit can be requested to be mailed to Japan for you to pick up when it is approved but you cannot apply for it outside the U.S.

• BoBi Ahn

  Immigration Attorney

  Answered on August 16, 2018

  You must be present in the U.S. in order for you to file for the I-131 re-entry permit.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on August 14, 2018

  You have to be in the United States when you apply. You also have to be here to complete the required biometrics. Then you can leave and the re-entry permit can be mailed to the U.S. embassy/consulate for you to pick up. The best way is to apply and complete the biometrics in the United States and have the re-entry permit mailed to your attorney's office. Then, he or she can courier the re-entry permit(s) to you in Japan.

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 13, 2018

  There is a box on the I-131 to check for people applying from outside of the U.S., but please retain the services of an immigration attorney to assist you with the process.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on August 13, 2018

  No, see here: https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf.

• Jinhee Wilde

  Immigration Attorney

  Answered on August 13, 2018

  Unfortunately, the re-entry permit cannot be done outside of the U.S. Normally, you file the I-131 and then take the biometrics before leaving the U.S. Your attorney may be able to FedEx the card and approval notice, but you need to be here until at least getting the biometrics done.

• Lynne Feldman

  Immigration Attorney

  Answered on August 13, 2018

  The re-entry permit must be applied for while on U.S. soil and received while on U.S. soil. Furthermore, you will need to wait for the biometrics appointment and can then leave (or fly back three weeks after filing when the prints are scheduled).

• Dale Schwartz

  Immigration Attorney

  Answered on August 13, 2018

  You must be inside the USA on the day the re-entry permit application is received by USCIS.

• Kyle Barella

  Immigration Attorney

  Answered on August 13, 2018

  You must be physically present in the U.S. when applying for a re-entry permit. It cannot be done from abroad. I would advise you speak with a U.S. immigration attorney regarding your inquiry.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 13, 2018

  You have to be physically in the United States at the time the application is filed.