I am an EB-5 investor and I got my conditional green card five months ago. I was planning to stay outside the country for an extended period of time, so I submitted a re-entry permit application on Dec. 5, 2019. Based on the record of the delivery company, USCIS received it on Dec. 6, 2019. Then I left the country on Dec. 7, 2019. Yesterday I received a denial notice from USCIS, stating that the application was filed on Dec. 9, 2019 and by that time, I was not in the U.S. Should I appeal this decision?
The date of receipt of your application is when the USCIS accepts your application and not when the courier delivered the package. In most cases, the appeal is rarely granted, so do not waste time and money filing an appeal. On the contrary, you should consider re-filing your application, wait to receive your Notice of Action and you should even consider completing your biometrics before leaving the country.
No, you should not appeal the decision. After the application for re-entry permit is filed, the applicant must attend a biometrics appointment at a U.S. CIS location. The applicant must attend the biometrics appointment. If the applicant does not appear at the biometrics appointment, then the application for re-entry permit is denied.
In order to apply for a re-entry permit, you must be physically present in the United States when USCIS receives your application, not just when you mail the application. You can re-apply the next time you are in the United States. Please keep in mind, however, that you should not be absent from the United States for more than 180 days in any one trip abroad, and you should maintain your intention to permanently reside in the United States; the validity period of your re-entry permit might be shortened, i.e., less than two years, because you are a conditional resident.
If you have evidence that it was receipted before you left, then you should appeal it.
Contest it with courier evidence of receipt while you were in the country.
