Overseas Travel Planning, currently in US (unexpired re-entry permit), logistics

J

jefkorn

Registered Users (C)
Hello folks,
Permanent resident has unexpired re-entry permit and travelled back to US from overseas after an absence of 15 months. Current re-entry permit expired in Aug. 2024.

Travel History:

After receiving green card, travelled to US for the first time, stayed in US for 8 months or so.
First Re-entry Permit: Applied for first re-entry permit, received approval and travelled out of the US, stayed out of US for almost 2 years, travelled back to US before the expiry of re-entry permit.Stayed for about 7 months and applied for second re-entry permit.

Second Re-entry Permit: No finger prints were taken due to Covid, approval took almost a year and received re-entry permit valid for two years. Permanent resident stayed out of US for 15 months but travelled back to US recently. The second re-entry permit is valid until Aug 2024.

Re-Entry Permit # 2:
July 2021: Applied while PR(Permanent Resident) was in the US, no finger print taken as per Covid guidelines, previous finger prints in the system were used
Oct. 2021: PR travelled outside of US while entry permit was still pending
Aug. 2022: Re-entry permit approved from Aug. 2022 - Aug 2024 and was delivered in the US. Was delivered by hand overseas to the PR.
Jan. 2023: PR travelled to US from overseas after being absent for 15 months (Oct 2021 - Jan 2023)

1. How to go about applying for a new re-entry permit while the current re-entry permit (valid until Aug. 2024) is not expired yet?
2. Is USCIS requiring in-person biometrics these days?
3. If PR needs to travel overseas out of US, how long can PR stay out without any issues?
4. PR plans to stay overseas to take care of family matters so would prefer to have a re-entry permit applied/approved so can stay out for up to 2 years.

Thank you for your help!
 
Since you already got two 2-year (back to back re-entry permits), I do not think you will be getting another 2-year re-entry permit. I believe the new one will be valid for one year. If you're applying for a new re-entry permit now while the current one is still valid until Aug 2024, you will need to send in the current re-entry permit with your application. They most likely will slap one one more year to make it valid until 2025 I suppose.
 
What's the current trend in terms of USCIS requiring biometrics appointments in person and how long is it taking for RP to be approved? Last time applied in Jul 21 and no fingerprints were required, USCIS sent a letter saying at that time, that current biometrics on file will be used.
 
As per this website: https://www.ashoorilaw.com/blog/reentry-permit-renewal/

Can I Apply for a Reentry Permit Renewal if My Current Reentry Permit is Still Valid?


Yes, you can apply for a new reentry permit while your current reentry permit is still valid. To be exact, you can apply for a new reentry permit “up to 60 days before the expiration date of the previously issued re-entry permit to ‘allow time for receipting of the application and issuance of the ASC appointment before adjudications.’” (AILA’s NSC Liaison Committee Practice Tips for I-131).


Important Point​


The reentry permit regulations clearly state that “an application for a reentry permit or refugee travel document will be denied if the applicant was previously issued a reentry permit or refugee travel document which is still valid, unless it was returned to USCIS or it is demonstrated that it was lost.” [8 CFR 223.2(c)1]


What this means is that if you are applying for a new reentry permit while your current reentry permit is still valid, you should include your current reentry permit with your application for the new reentry permit.

If you do not include your current valid reentry permit with your reentry permit application, this can be very problematic for your case. If the current reentry permit is not included in the filing, USCIS adjudicators are given instruction to issue a request for additional evidence (RFE) for you to return the reentry permit or explain the reason why you cannot return the reentry permit. The USCIS adjudicator is required to “resolve this matter satisfactorily before delivering the new permit.”

There is a limited exception to this general rule:

According to the USCIS Nebraska Service Center (NSC), if your application for a new reentry permit is filed with 30 days or less remaining on your current reentry permit, the application should be adjudicated without issuance of an RFE requesting the current reentry permit. It is unclear whether other Service Centers take this approach. (AILA’s NSC Liaison Committee Practice Tips for I-131).


What this means is that if your reentry permit application will be adjudicated at the Nebraska Service Center, and your current reentry permit is valid for 30 days or less (from the date of filing), then you do not need to include the current reentry permit with your new reentry permit application."
Click to expand...

It appears that one needs to return the unexpired renetry permit and one cannot apply for a new re-entry permit until there're 60 days left until the current re-entry permit expires..

Am I reading this correctly?
 
Folks,
Would appreciate your feedback as I need to plan for upcoming travel for family member. Thank you!
 
Thank you @Sm1smom! I re-read your reply earlier and I would appreciate the feedback on the following:

1. If applying for a new re-entry permit, the current re-entry permit valid until Aug. 2024 will need to be sent with the new application.
There's a possibility of either getting one additional year on top of Aug 2024 and USCIS may send approval valid untlil Aug 2025.

Is it possible that USCIS may approve for 2 years when applying for a new re-entry permit while current is valid for Aug. 2024?

2. What's the current trend for taking biometrics after applying for re-entry permit? Is USCIS requiring all applicants (with some exceptions) to appear at a USCIS center or is USCIS continuing to use previous biometrics on file?

3. What's the current trend to get approval for new re-entry permit? Last time, it took almost 13 months to get approval. Is it still taking that long?

4. If PR plans to stay outside, keeps the current re-entry permit valid until Aug. 2024, does it matter that PR stayed out of US for 15 months (from (Oct 2021 - Jan 2023) in the last travel while the re-entry permit was approved until Aug. 2024? Can PR stay out of US beyond Aug. 2024 or should return before the expiry of current re-entry permit? I'm confused about this point so please forgive me for not understanding.



I've copied timelines below for clarity:

Travel History:

After receiving green card, travelled to US for the first time, stayed in US for 8 months or so.
First Re-entry Permit: Applied for first re-entry permit, received approval and travelled out of the US, stayed out of US for almost 2 years, travelled back to US before the expiry of re-entry permit.Stayed for about 7 months and applied for second re-entry permit.

Second Re-entry Permit: No finger prints were taken due to Covid, approval took almost a year and received re-entry permit valid for two years. Permanent resident stayed out of US for 15 months but travelled back to US recently. The second re-entry permit is valid until Aug 2024.

Re-Entry Permit # 2:
July 2021: Applied while PR(Permanent Resident) was in the US, no finger print taken as per Covid guidelines, previous finger prints in the system were used
Oct. 2021: PR travelled outside of US while entry permit was still pending
Aug. 2022: Re-entry permit approved from Aug. 2022 - Aug 2024 and was delivered in the US. Was delivered by hand overseas to the PR.
Jan. 2023: PR travelled to US from overseas after being absent for 15 months (Oct 2021 - Jan 2023)
 
1. AFAIK, the 3rd re-entry permit is usually issued for one year like previously stated.

2. Yes, if there’s a recent biometric on file, (don’t ask me how recent, I don’t know), USCIS is still waiving the bio requirement.

3. Folks are still reporting a long processing time.

4. AFAIK, there’s no requirement to visit the US in between the validity period of the re-entry permit. The re-entry permit allows one to be out of the US for the duration of the validity period without visiting the US once during that period.

I’m sorry I don’t have the time to do an analysis of your parent’s travel history (I’m assuming this is about your parent). The re-entry permit is meant for demonstrating one had no intention of abandoning their LPR status as it provides a generous amount of time to be away from the US. If LPR plans on staying beyond the expiration date on the re-entry permit, they should be prepared for anything that could happen at the POE. They should be prepared to demonstrate they have not abandoned their US permanent residency should the need to do so arise at the POE. The GC is not a super visa for briefly ‘visiting’ the US, the re-entry permit therefore should not be treated super visa enabler IMHO.
 
Thank you so much for your response.

1. Re-entry permit approved but never travelled out of US, will this count towards the lifetime number of re-entry permits one can apply? This is a hypothetical question.
 
You must log in or register to reply here.
Top