Re-Entry Permit Case Without Biometrics, Can I Travel?

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JQK Law Firm
Published at : 18 Oct 2020
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Can you travel if you applied for a Reentry Permit Travel Document (Form I-131) and travel before the Biometrics appointment?
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[Question] I filed for a re-entry permit back in March but I still haven't
received my Biometrics appointment.
Can I travel without Biometrics and return to the US to give
my Biometrics when
I receive my appointment?"
That's a really good question. Before, up until last
year, I would do that all the time.
I would tell clients,
"You got to travel. But you have to be in the US
when you apply for a re-entry permit. But you can leave and
come back. Now,
I was studying the regulations and it's not clear exactly
if that's allowed or not, but it's been practiced
for 10 years,
at least I'm practicing. And I found one webpage
of USCIS where it said you have to stay here the whole time.
But again, I've almost always done re-entry permits like that
where people leave and come back. But judging by the fact
of how President Trump is and stuff,
I don't want you to do that.
I wouldn't advise that anymore.
But if you really
got to leave, then go do it. But you should try to come back within
6 months. But I can't say for sure because the way they
make these rules is that one day it's okay, one day
it's not, and they don't really tell us. But as I said, for
10 years I've been doing that exact scenario. But now I
just don't know. And judging by the way the Administration
acts, I'm conservative. I would say don't do that.
So it's really not a good answer, unfortunately.
But that's been the situation.
[Question] "So will I abandon my re-entry application if I travel
without Biometrics? What is the penalty if I travel without
the Biometrics?"
The penalty would be that you abandoned the case. Whether
they will or not,
I don't know.
There's no clear policy on that because people have been
doing that without problems in the past, unless they change things
without telling us, which is possible. But that would be the
penalty. Now, if you're getting a re-entry permit because you're
going to be outside the country for a long period of time,
well, you can't be out that long.
So you gotta do the things necessary to not make it look
like you abandoned your status, abandoned your residency, so
it's not a problem for
keeping your Green Card.
So consult with an Immigration attorney in private for a more detailed answer
to analyze what your lifestyle is, what you're doing, so you
can find the best avenue on that.
But yeah, if you abandon your re-entry permit application, you
just lost the money on the case about it. But the
consequences are bigger, as that you want to be outside for
a year or 2. That's going to annoy and create problems
for you.
So you want to plan for that.
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