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How can I get my re-entry permit if I have to leave the country after biometrics are taken?

We recently received our green cards through EB-5 and entered the U.S. My son needs to return to the Philippines for the fourth year of his college, which will start in less than a month. We are worried that he might not be able to start school in time if he waits in the U.S. for his re-entry permit to be issued. Can he leave the country after his biometrics are taken and have the re-entry permit mailed to him?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, it is acceptable to leave the U.S. after the biometrics have been done. In such a circumstance, you must indicate on the Form I-131 that the USCIS should send the re-entry permit to the U.S. embassy or consulate where the permit can be picked up.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If biomentrics are completed, you can FedEx a re-entry permit to your son after it is received.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    He does not have to wait for it to be issued if he has done biometrics. Of course, if it was not done right there, it could be a problem. But if you had a competent professional chances are it will be approved.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    You don't have to wait for the issuance of the re-entry permit before departing the U.S. The only requirement is that you are physically present in the U.S. at the time of filing.

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    Stephen Berman

    Immigration Attorney
    Answered on

    He can provide a U.S. address, and the resident there can send him the document.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, it is fine to leave after biometrics and attorney can mail the re-entry permit to you when it arrives.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You may leave after biometrics is taken. Your lawyer could send the approval notice to you. You will need the approval notice to come back, but you do not have to stay until it is approved.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    On the application itself, you will see options for delivery addresses. Alternatively, have it delivered to your house here and FedEx it to your son in the Philippines.

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    Charles Foster

    Immigration Attorney
    Answered on

    Now that you are a conditional lawful permanent resident, you are eligible to apply for a U.S. re-entry permit. As you indicated, you must be in the country to apply and you must also be here in order to have your biometrics taken. Once those two events are accomplished, you have some flexibility upon traveling abroad. Since your son needs to return to the Philippines to complete a fourth year of college, this should not be a problem. The U.S. re-entry permit would typically be mailed to his U.S. address in the United States and although it will take some time to be received, in fact he does not need it except when he is out of the U.S. for some significant period of time. Typically, one can return on the his lawful permanent resident card within six months without any difficulty or even after six months, as long as one can prove that he did not intend to abandon his residency. However, if one is going to be out for college purposes or otherwise for more than a year, it is absolutely essential to have a U.S. re-entry permit in order to return. Fortunately, you should receive the U.S. re-entry permit and send it to your son within that time frame.

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