Home > Research Legal Advice > Immigration > Can you fly in from outside USA to file I-131 and then leave out of coun...
Asked 11 months ago - Chicago, IL
Flag"f the LPR departs from the U.S while the I-131 is pending, but before biometrics are taken, then the adjudication of the I-131 re-entry permit application will not be affected as long as the applicant returns to the U.S. to attend the biometrics appointment before the first year of foreign travel has ended. "
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I think it depends on your status and what your reason for filing the I-131 is (are you an LPR seeking a re-entry permit or an adjustment applicant seeking advanced parole, for example). It seems to me that if you need a re-entry permit in the first place you may not be able to fly back in order to file the I-131. You may want to consult an attorney directly to make sure that you need to file an I-131 and that filing it will address your situation.
Yes, if you are willing to travel to the US 2 times, you can do it.
Keep in mind that the re-entry permit, even if it is good for 2 years, does not protect you from immigration stopping you at the border and making you go in front of an immigration judge ... to prove that you didn't abandon your residence in the US.
