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Reentry permit in Covid times

Airspray said:
I'm now actually at a point where I'm thinking to hire a lawyer to handle all that mess. If we were in normal times and an application would take 3 months from start to finish, then it wouldn't be a problem. But because now you have to wait for almost a year to get a response, it's just too risky and I need some sort of strategy as to what to do while my application is (painfully slowly) being processed.
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What would a lawyer do though ? I think it would just add cost to the process.
 
Airspray said:
I know about the guide regarding staying until biometrics, but as you said, they don't seem to enforce it (moreover, the new guides say that departing after filing should NOT affect the case (Just read the entire USCIS internal manual regarding re-entry permits, I'm that sad... lol)
I guess expecting someone to wait 10 months for biometrics in the US with the current backlog is not logical, and they know it. The whole idea of the re-entry permit is that you have to travel ASAP.
Regarding the zero flexibility thing - I don't have to try as I've read more than 5 appeals like the one I posted that were dismissed, all because the applicant wasn't in the US at the time of delivery to the dropbox, all during covid (the one I posted is from just a month ago). So you could clearly see there's no flexibility there. Or regarding the fees and refunds (covid economical hardships? not in their book). Even an appeal costs 675$ which is actually 15$ more than a new application. That's just messed up.

As for your last question - as I said, my country was in a "closed sky" policy during that time and I had to get special permission to fly from ministers themselves (yeah you heard that right). I had to do it before my visa expired (a week after I entered). Sadly enough, this only available flight was set to Friday, and by the time I landed it was already too late to mail the application. I mailed it first thing on Monday morning, but had to leave 2 days later, again, because of the repatriation flight. So just bad luck.

Obviously had I known I had to wait for it to be delivered, I would have used a next day express shipping. But no where in the instructions do they explain what "has to be in the US when FILING" means. I assumed, like so many others, that filing means sending the application.
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One or two misconceptions here I’ll like to address for the benefit of any future filer who may be reading this:
1. The whole idea of re-entry permit isn’t necessarily because a LPR needs to travel ASAP (that may be so in your personal situation). The re-entry permit IS NOT an urgent travel document, that is not the intent of that document.
2. There is an expectation for anyone filing a re-entry permit application to, at a minimum, wait until they receive the NOA or an acceptance text/email prior to departing from the US after filing because of the possibility the mailed package could be rejected and returned to the sender for one reason or the other. USCIS doesn’t need to be more granular as to what “to be in the US when FILING" means, when they already say wait to receive the NOA. It is unfortunate your circumstances did not enable you to wait for this
 
SusieQQQ said:
Not trying to be argumentative here but no, it’s not. The whole idea of the re-entry permit is that you can spend longer than a year out the US without losing your green card. Generally, people who are planning to spend a year or more elsewhere have planned that for a while and it is not an urgent last minute thing.
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Scratch the word ASAP and replace it with "soon". People applying for re-entry permits do so because they have job positions waiting for them, family they need to take care of etc. etc. Most don't do it just to "travel the world".
They can't and won't wait 10 months in the US until biometrics. That was never expected of them pre-covid, where they would have to wait like 1-2 months tops, so it's irrational to expect them to wait this long now.
 
Sm1smom said:
One or two misconceptions here I’ll like to address for the benefit of any future filer who may be reading this:
1. The whole idea of re-entry permit isn’t necessarily because a LPR needs to travel ASAP (that may be so in your personal situation). The re-entry permit IS NOT an urgent travel document, that is not the intent of that document.
2. There is an expectation for anyone filing a re-entry permit application to, at a minimum, wait until they receive the NOA or an acceptance text/email prior to departing from the US after filing because of the possibility the mailed package could be rejected and returned to the sender for one reason or the other. USCIS doesn’t need to be more granular as to what “to be in the US when FILING" means, when they already say wait to receive the NOA. It is unfortunate your circumstances did not enable you to wait for this
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I conceptually agree with all that, in normal times. During these times, when processing takes more than 3 times the time, it's just impractical to wait for NOA, biometrics etc. Call it "non-urgent", but people need to leave, and in the vast majority of the cases they need to do it pretty soon, like in a month or 2 time.

I quote a paragraph from USCIS Manual:

Delay in adjudication of an application for a reentry permit may interfere seriously with the applicant's travel plan, and may generate inquiries from the applicant or Congressional offices. If travel is imminent because of emergent reasons, efforts should be made to adjudicate the application expeditiously.

I would also add that "expedited" request is seldom approved. Pretty much only in life or death situations.

I also don't agree that "USCIS doesn’t need to be more granular as to what “to be in the US when FILING" means, when they already say wait to receive the NOA." The only "rule" is that you have to be in the US when filing the application. Not until you receive the NOA. That's not a requirement. It's a recommendation, maybe, but definitely not a requirement. And when they issue requirements, IMO they should be a little less vague of their meaning.
 
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Airspray said:
Scratch the word ASAP and replace it with "soon". People applying for re-entry permits do so because they have job positions waiting for them, family they need to take care of etc. etc. Most don't do it just to "travel the world".
They can't and won't wait 10 months in the US until biometrics. That was never expected of them pre-covid, where they would have to wait like 1-2 months tops, so it's irrational to expect them to wait this long now.
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Are you saying it took 10 months to get issued with your NOA after filing?
 
SusieQQQ said:
What would a lawyer do though ? I think it would just add cost to the process.
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Handle 2 applications at once, withdrawal, whatever. Be on top of the case in any sort of delay. Maybe help me with an expedite request. Advise me on a strategy as to what to do while my application is pending in order to avoid scrutiny by CBP. Help me if such scrutiny arrises.
 
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Airspray said:
I was talking about the biometrics. For me the NOA was actually pretty fast at only 5 weeks, some people I know waited for as long as 3 months.
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Exactly! Even in normal pre COVID times, it isn’t unusual for the NOA to take up to 8 weeks. The re-entry permit is not the only type of applications they deal with at the Lockbox. Hundreds of applications needing NOA get received and processed on a daily basis. That is why applicants are highly encouraged to at a minimum wait and receive the NOA before leaving regardless of the urgency driving their need for departure.

And like Susie posted earlier, people needing to leave the US for one year or longer typically plan this in advance, those are the people the re-entry permit was originally meant for. Not for those coming in and needing to make a quick turnaround back to their point of origin. Telling USCIS one has an urgent need to return to some job for a couple more years is actually a great way of ensuring the application is not approved by the way.
 
Airspray said:
Scratch the word ASAP and replace it with "soon". People applying for re-entry permits do so because they have job positions waiting for them, family they need to take care of etc. etc. Most don't do it just to "travel the world".
They can't and won't wait 10 months in the US until biometrics. That was never expected of them pre-covid, where they would have to wait like 1-2 months tops, so it's irrational to expect them to wait this long now.
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You keep shifting the goal posts to try make points. The point I had responded to here was about the filing date, which as you yourself said was only a matter of a day difference, it had nothing to do with waiting for bio. Anyway, you’re upset and not interested in people pointing out what the law is vs what uscis can be flexible on, so I’m not going to continue with this particular conversation.

If you feel you need a lawyer for peace of mind then sure do that, just please get someone you can trust to actually keep on top of your case without you pushing them the whole time.
 
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Sm1smom said:
Exactly! Even in normal pre COVID times, it isn’t unusual for the NOA to take up to 8 weeks. The re-entry permit is not the only type of applications they deal with at the Lockbox. Hundreds of applications needing NOA get received and processed on a daily basis. That is why applicants are highly encouraged to at a minimum wait and receive the NOA before leaving regardless of the urgency driving their need for departure.

And like Susie posted earlier, people needing to leave the US for one year or longer typically plan this in advance, those are the people the re-entry permit was originally meant for. Not for those coming in and needing to make a quick turnaround back to their point of origin. Telling USCIS one has an urgent need to return to some job for a couple more years is actually a great way of ensuring the application is not approved by the way.
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No it's not actually, having a temporary job offer abroad is a legitimate and good reason to apply for a re-entry permit. And I'm not talking about "quick turnarounds", I'm talking a rational "in advance". Most people can't plan a year in advance, that's just not compatible with reality as situations arise on shorter notices. Pre-covid the "in advance" time, as set by UCSIS, was about 3 months. That's logical. 10 month to a year just isn't.
 
SusieQQQ said:
You keep shifting the goal posts to try make points. The point I had responded to here was about the filing date, which as you yourself said was only a matter of a day difference, it had nothing to do with waiting for bio. Anyway, you’re upset and not interested in people pointing out what the law is vs what uscis can be flexible on, so I’m not going to continue with this particular conversation.

If you feel you need a lawyer for peace of mind then sure do that, just please get someone you can trust to actually keep on top of your case without you pushing them the whole time.
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That's all you Susie, I'm not upset and not trying "to make points". I have nothing to prove here. Actually the only one continuously quoting the law here is me, and I don't argue with the law. I can be frustrated, sure, but I understand where it comes from.

I appreciate your advice regarding a lawyer, I will most definitely do my research.
 
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Airspray said:
That's all you Susie, I'm not upset and not trying "to make points". I have nothing to prove here. Actually the only one continuously quoting the law here is me, and I don't argue with the law. I can be frustrated, sure, but I understand where it come from.
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Well, why do you keep going on about the bio wait time when the only actual issue you have is the one day difference between your departure and the filing date? Planning for two months or whatever as in normal times as you keep saying would still not have made a difference of one day matter, as it did because you were only in the US for a few days with a weekend included.
 
SusieQQQ said:
Well, why do you keep going on about the bio wait time when the only actual issue you have is the one day difference between your departure and the filing date? Planning for two months or whatever as in normal times as you keep saying would still not have made a difference of one day matter as it did because you were only in the US for a few days with a weekend in betwee.
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I'm not. I was responding to what mom said regarding wait times. Was trying to explain that even if you had to wait for biometrics pre-covid (and the opinions on that are contradicting), it would be reasonable to expect that from a person, but currently it just isn't. That's all.

I'm not talking just about my specific situation, but about the larger picture. I made my mistake, and it's on me.
 
I’m talking about the NOA processing time, you are going on about the bio time. Again, there’s no expectation for anyone to wait for 10 months to get the NOA after filing. The NOA has not and is not currently taking 10 months to get issued. The bio notice may be taking 10 months or longer as an aftermath of COVID, certainly not the NOA after the case gets filed. Anyway, I’m done at this point, I give up.
 
Sm1smom said:
I’m talking about the NOA processing time, you are going on about the bio time. Again, there’s no expectation for anyone to wait for 10 months to get the NOA after filing. The NOA has not and is not currently taking 10 months to get issued. The bio notice may be taking 10 months or longer as an aftermath of COVID, certainly not the NOA after the case gets filed. Anyway, I’m done at this point, I give up.
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And I will just say again and for the last time, that waiting for the NOA is not a requirement. Had it been a requirement, I would be ok with the wording of the ACTUAL requirement regarding filing from the US. As long as THIS is the only requirement, they should definitely explain it better. I'm done too.
 
hi everyone

so after reading you all, my question is:
Is mom’s #89 comment still valid ?
i’m kinda lost with all of your new messages

thanks!
 
Joseph33 said:
hi everyone

so after reading you all, my question is:
Is mom’s #89 comment still valid ?
i’m kinda lost with all of your new messages

thanks!
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Yes
the link airspray posted confirmed that filed date is date delivered/received at the lockbox
 
Hi Smom and Susie,
I need your help, our appointment for the biometric(Reentry permit) has been decided, the notifications has been received ,currently we are outside the usa and the appointed date is not suitable for us, can we postpone it?
They did show telephone number to postpone the appointment which shall be with valid reason , based on the fact that we are out side the USA is that considered valid reason to postpone the appointment
 
shamsham said:
Hi Smom and Susie,
I need your help, our appointment for the biometric(Reentry permit) has been decided, the notifications has been received ,currently we are outside the usa and the appointed date is not suitable for us, can we postpone it?
They did show telephone number to postpone the appointment which shall be with valid reason , based on the fact that we are out side the USA is that considered valid reason to postpone the appointment
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I personally don’t believe it will be considered a valid reason seeing as the official advice is not to leave the US until you get biometrics captured. You should make every effort to get back to attend the appointment- surely this was part of your plan when you decided to leave the US and return for bio?
 
SusieQQQ said:
I personally don’t believe it will be considered a valid reason seeing as the official advice is not to leave the US until you get biometrics captured. You should make every effort to get back to attend the appointment- surely this was part of your plan when you decided to leave the US and return for bio?
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Thank you Susie,
Let us say that we can't attand the biometric,
1-any consequences for that,
2-does that will have any negative impact on our situation as an immigrant,
3-I do understand that our application will be rejected and that we need to submit new one, is that the only complication of that?
4- if we can't attand shall I inform them in advance or not?
 
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