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How can I travel outside the U.S. and return for my I-131 biometrics appointment?

I obtained my conditional green card through the EB-5 program. I want to apply for an I-131 re-entry permit so I can travel internationally and stay outside the U.S. for an extended period. Can I schedule an I-131 biometrics appointment now, leave the country and return for the appointment? I have an emergency in my home country. I don’t want to stay here for another four to six weeks just to wait for my turn of the interview.

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Based on the current USCIS policy, you will have to return to the U.S. for your biometrics appointment.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Emergencies can often be handled with an InfoPass appointment at your local USCIS field office.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you can return for the biometrics.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    As long as you have a valid conditional green card and your travel abroad this time around will not be for an extended period, you do not need to wait for the appointment. You can file I-131 while you are in the U.S., leave for your emergency trip, and come back and attend your biometrics appointment.

  • Avatar

    Robin J Gray

    Immigration Attorney
    Answered on

    If you have a conditional green card, you do not need a travel permit. However, you should not stay out of the country for any extended period of time or else you could forfeit your green card. If for some reason you believe you need an I-131, it will take much longer than four to six weeks for it to be approved. It could take months, if not a year, prior to approval. There are also requirements for the travel permit. It would be best if you discussed your particular situation with an immigration attorney to determine your best options.

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    Jan Pederson

    Immigration Attorney
    Answered on

    You can return for your biometrics after filing the I-131. You can generally have them taken anywhere in the U.S., which is most convenient. Once you get the I-131 receipt, you can attempt to have your biometrics taken, but don't count on it.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you file the re-entry permit while on U.S. soil and wait until it is received while you are still in the U.S., you may leave and return to do biometrics.

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    Charles Foster

    Immigration Attorney
    Answered on

    You have no real issue being readmitted as conditional lawful permanent resident if you return before you are out of the U.S more than six months.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    You can travel and re-enter to do your fingerprints. You need to consult with your immigration attorney about the "extended period" outside of the U.S.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you can file for the re-entry permit while you are physically present in the U.S. and then travel abroad and return for the biometrics. That is not a problem.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is an acceptable idea, but make sure you don't miss the eventual appointment regardless of the reason, even though it is always better to fulfill the biometrics appointment before leaving the country. Advisably, attend to this issue very seriously. The idea that you don't want to wait because of an emergency will not suffice for the USCIS when you are actually planning an extended stay out of the country. This type of situation and subsequent extended stay without a re-entry permit in place tends to result in finding of abandonment of permanent resident status.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    If you have a valid CPR card, you do not need an I-131 to travel for short periods of time. So yes, you can travel and return for your biometrics appointment and then leave again. Your AP card can be delivered abroad, assuming you made such a request on the application form.

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