Process for re-entry permit

[ciao]

My wife received her green card in August 2017 (thanks to everyone here for all the help with that), but we returned to Shanghai in September 2017, and have been here ever since. We plan to live in the US, but various things are keeping us in Shanghai, for the time being. Since the date of our return to the US is uncertain, we’d like to get a re-entry permit, and with a minimum of fuss/travel. So, the plan is:

(1) Fly to Hawaii, Fed-Ex I-131 and G-1145 forms to USCIS (in Phoenix ??)
(2) Wait for confirmation of acceptance by e-mail or text message
(3) Come back to Shanghai
(4) Try to get fingerprinting done in Shanghai or Beijing
(5) If unsuccessful, return to Hawaii at the appointed time for fingerprinting

Questions:

(A) How long does confirmation of acceptance (#2) typically take?

(B) Has anyone tried to get the required fingerprinting (i.e. "biometrics") done in China?

© Any suggestions for a more streamlined process?

Edited April 7, 2018 by ciao (see edit history)

[Randy W]

The Application Support Centers (for biometrics) are ONLY in the U.S.

 

We may schedule an appointment at an ASC as we process your case. It is important that you make every effort to make that appointment. Not appearing will at least delay your case. It may mean certain processing steps will have to be repeated. It may also affect eligibility for benefits, and could mean we will have to deny the application or petition.

Our appointment notice will explain alternatives if you cannot make your appointment.

 

 

[Randy W]

[PDF]How do I get a reentry permit? - USCIS

 

 

We recommend that you file Form I-131 while you are in the United

States. However, you do not have to be in the United States for

USCIS to approve your Form I-131 and issue

a reentry permit to you if your biometrics (photo, fingerprints) have

been obtained. You can indicate on your Form I-131 that you want

USCIS to send your reentry permit to a U.S. Embassy, consulate

or a DHS office overseas, so you can pick it up from one of those

facilities.

. . .

You must provide your biometrics at the ASC while you are in the United States. If you

leave the United States before you provide your biometrics, USCIS

may deny your application.

 

 

[ciao]

From the PDF file you referenced:

 

You cannot file a Form I-131 to obtain a reentry permit unless you are physically present in the United States when you file the form.

 

and then, in the next paragraph:

 

We recommend that you file Form I-131 while you are in the United States.

Those two statements have very different meanings (to me). I think the first one is correct, and the second one is misleading. No wonder people (even immigration attorneys) are confused about this stuff.

From a day spend reading tedious documents and regulations, my conclusions are:

(1) You have to be in the US when you file an I-131 (by mail)

(2) You have to be in the US when USCIS "accepts" your I-131

(3) You can then leave the US

(4) You have to do the "biometric" examination in the US

(5) After the biometric thing, you can leave again, and your re-entry permit can be mailed to various facilities overseas (though not to you personally)

So, for many people, two trips to the US are required. But note that "US" includes Hawaii, Guam, and the Mariana Islands, which are much closer to China than the US mainland is.

Edited April 7, 2018 by ciao (see edit history)

[Randy W]

We recommend that you file Form I-131 while you are in the United States.

 

 

This, of course, is impossible if you are applying for a refugee travel document - the Form I-131 is used for multiple purposes.

 

 

Perhaps the best answer to your situation

 

I think you would greatly benefit from retaining a professional counsel who will ensure that your I-131 is completed successfully.

 

 

 

You are cutting THREE corners that I see -

 

1) the I-131 was NOT filed 60 days before leaving

 

Total time OUT of US may be a factor.

 

2) (I'm guessing) Hawaii is NOT your address of record. A change of address may or may not help when scheduling the biometrics.

 

This MAY not be a problem - if the biometrics are taken successfully, no problem. Some ASC's do not take walk-ins, some take them on a limited basis.

 

3) You are wanting her to leave the U.S. BEFORE biometrics have been taken.

 

from https://www.uscis.gov/archive/archive-news/uscis-biometric-changes-re-entry-permits-and-refugee-travel-documents

However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.” Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country.

 

 

But from that same link

 

If 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. In such case, the LPR could apply for reentry to the U.S. using only his or her I-551 Permanent Resident Card if he has been absent for less than one year. We further note that if it is necessary, the LPR may make arrangements to have his Re-entry Permit delivered to him through a U.S. consulate or a USCIS office abroad. 8 C.F.R. 223.2(f).