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Can you fly in from outside USA to file I-131 and then leave out of country with next few days. Since u can fly back for biometr

Chicago, IL |

"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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Attorney answers 4

Best Answer
Posted

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.

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

Asker

Posted

I need re-entry permit due to I have obtained DV-visa via online application, while I was in my post-grad studies in Canada, and now I’m unable to quit my university and move to USA for 1 more year. I only went to USA for couple of weeks to set up Social Sec #, bank acc, and register my US home address. So that it shows that I do intend to move in, however I’m a student and at this time, and hence unable to. I can only fly in for few days to file I-131 for re-retry and then fly in again for biometrics. In I-131 I’ll include a letter stating the reason and evidence from Uni with specific dates of my grad. Hope it lets them see that I haven't abandoned the GC.

F. J. Capriotti III

F. J. Capriotti III

Posted

You are clearly not a Canadian citizen, they aren't allowed to play the DV lottery. Just 'going through the motions' of moving to the US is not good enough, You had best talk to a lawyer ... a letter from your University isn't all that valuable.

F. J. Capriotti III

F. J. Capriotti III

Posted

To follow-up ... you had best talk to an attorney. Getting a SS# and 'finding' a US address (possibly that of a friend or family member) isn't really 'establishing' residence in the US. I understand your school problems. I'm also assuming that you're not in school during the summer ... this is when you should be 'living' in your new US home.

Posted

Sure, you can.

Posted

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.

Please note that he information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.

Asker

Posted

I need re-entry permit due to I have obtained DV-visa via online application, while I was in my post-grad studies in Canada, and now I’m unable to quit my university and move to USA for 1 more year. I only went to USA for couple of weeks to set up Social Sec #, bank acc, and register my US home address. So that it shows that I do intend to move in, however I’m a student and at this time, and hence unable to. I can only fly in for few days to file I-131 for re-retry and then fly in again for biometrics. In I-131 I’ll include a letter stating the reason and evidence from Uni with specific dates of my grad. Hope it works.

Posted

The Form I-131 is a multi-use application for different types of benefits. We need more information about your current status and your goal in filing the I-131 application to be able to answer this question.

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