I-131 Re-entry Permits and Biometrics Scheduling Problems
The USCIS has provided some useful and practical information on the new, often confusing, requirement that I-131 applicants for a re-entry permit remain in the U.S. for the scheduling of their biometrics, something that is now required for such applications.
The I-131 application for a re-entry permit must be filed by a permanent resident while he or she is physically present in the U.S. and previously, applications for re-entry permits did not require that biometrics be taken. The I-131 applicant could file the application and then immediately leave the U.S. and have the approved re-entry permit mailed to them overseas.
Now biometrics are required for re-entry permits and this presents permanent residents with the problem of having to actually remain in the U.S. for another 4 or 5 weeks after filing the I-131 while waiting for the USCIS to schedule the biometrics appointment.
The USCIS has now clarified a few points. First, the USCIS states that for normal I-131 re-entry permit processing, applicants will be scheduled for a biometric appointment in approximately three to four weeks after filing the I-131. However, expedited processing can be requested through the Nebraska Service Center on a case-by-case basis. The instructions for requesting an expedited application are on the I-131 Instructions.
Also, if someone needs the biometrics to be taken during a particular time period (for example, July 10-July 17), the USCIS will accommodate the request if legitimate circumstances warrant exceptional handling of the application.
A request can also be made to have biometrics taken in an area of the country other than where the original ASC appointment was scheduled. If a change in location is required, the request should be noted and explained in the rescheduling request.
Finally, the USCIS has clarified that if an applicant has had their biometrics taken in connection with another application (for example, an I-485 adjustment of status application) within the past 15 months, those biometrics usually can not be used for the I-131 application. According to the USCIS: “For application types that require biometric images (photograph, signature, and press print) as well, such as the I-485 and the I-131, in most cases a new set of biometric images must be captured to associate with each application”.
The USCIS notes, of course, that if an applicant successfully reschedules their biometrics appointment, the delay will also delay action on the I-131 itself.
Hopefully, this will clarify some of the confusion about how to best deal with the scheduling problems that result when an I-131 re-entry permit applicant doesn’t have the time to wait in the U.S. for the usual biometrics scheduling.
