AAO Rejects Filings for Reentry Permits while Outside U.S.
Posted Aug 01, 2008
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The Administrative Appeals Office (AAO) recently made public a case confirming the denial of an application for reentry permit that was filed while the applicant was outside of the United States. The Murthy Law Firm did not provide representation in connection with any aspect of this case, but we share this information to help other permanent residents understand the legal requirements for obtaining the reentry permit. This AAO decision (PDF 140KB) is available to the public online.
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One must remember that Form I-131 is used to request several types of travel documents. The travel document at issue is the reentry permit for permanent residents who need to be outside of the U.S. in excess of a year. This process differs from the Advance Parole and the Refugee Travel Document, both of which are requested by using Form I-131.
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Initial Denial of the Reentry Permit
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The applicant in this case is a citizen of China. He departed the U.S. on February 28, 2006 and carried with him a reentry permit that expired on April 28, 2006. The applicant filed his application for a reentry permit on April 24, 2006, at a time when he was outside of the United States. He apparently believed that he could do so in order to extend the validity of the previously-issued, unexpired reentry permit. The Director of the Nebraska Service Center denied the application for a reentry permit on the basis that the applicant was not in the U.S. at the time of filing his application for a reentry permit.
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No Extension of Reentry Permits after Departing U.S.
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The regulations on reentry permits clearly require that the permanent resident applicant file the application while s/he is in the United States. Additionally, the argument that what was filed was really an extension of the prior application was unsuccessful. The AAO stated that an individual cannot apply for an extension of a reentry permit, as the regulations require that expired reentry permits are to be surrendered to the U.S. government. Thus, while an individual may be eligible to apply for a new reentry permit once his or her current reentry permit expires, a person cannot "extend" his or her reentry permit.
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Similar Denials of Applications for Reentry Permits
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The AAO recently released two similar decisions upholding the denial of reentry permits to U.S. permanent residents or green card holders who departed the U.S. and subsequently filed applications for reentry permits from abroad. The AAO decision (PDF 87.9KB) regarding the denial of the application for a reentry permit filed by a U.S. green card holder from the Dominican Republic and its decision (PDF 130KB) upholding a similar denial of an application for a reentry permit filed by a German citizen are both available online.
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Reminder : Biometrics before Departure
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Regular MurthyDotCom and MurthyBulletin readers may recall a discussion of new requirements for applicants of reentry permits in our March 14, 2008 article, Biometrics Now Required for Reentry Permits and Refugee Travel Documents. In addition to simply filing, it is now also necessary to comply with security features, like the biometric requirements, before departing the United States.
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Possible Source of Confusion - Form Used for Other Purposes
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This is not a new area or a change in the law. It is a common problem area, as individuals often realize they need reentry permits after they have left the United States. Since the I-131 is used for purposes other than the reentry permit, it also bears questions that relate to applicants for Refugee Travel Documents, who in some circumstances may file the I-131 from abroad. It is sometimes wrongly assumed, therefore, that applying from abroad is possible for all requests made on the I-131.
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Conclusion
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We at the Murthy Law Firm are happy to share this information with our readers who are thinking of traveling abroad after obtaining U.S. permanent residency. Travel requirements and documentation can be quite complex. As shown by these non-precedent AAO decisions, there is no exception to the physical presence requirement at the time of filing the I-131, with respect to a reentry permit. This is not discretionary, even if sympathetic facts and a valid explanation may exist. To protect yourself and your family, it is best to consult with a qualified, experienced immigration attorney regarding required documentation for return travel well before departing the United States.
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