Labor Immigration Law

We wrote recently about the new biometric requirements for I-131 re-entry permits which are required for all green card holders who plan to be outside the U.S. for more than six months and up to two years.

The new procedure went into effect on March 5 and requires all applicants for re-entry permit to submit to biometric (usually fingerprinting) appointment with the USCIS before departing. This new requirement has created some confusion and uncertainty as to how long the biometric processing will take.

We do not have any hard evidence on the timing of the processing, but we recommend that green card holders who plan to leave the U.S. in less than 6 months to use the expedited processing procedure outlined by the USCIS.

Expedited Processing

According to the USCIS, applicants may request an expedited processing of their fingerprinting appointment. To do so, applicants must indicated on the outside of the envelope “EXPEDITE.” Also, it is recommended that two pre-paid express mailers be included so that USCIS can mail the appointment notice and the approved re-entry permit to you via express mail.

Note that failure to submit for fingerprinting appointment will result in the re-entry permit application to be denied.

Although following this procedure does not guarantee priority processing by USCIS, we recommend it to our clients who have plans to travel abroad for extended period and whose travel plans are difficult to change.