"Cheating" on I-131 Reentry Permit aplication

[jayross]

OK, maybe I shouldn't be asking this, but it seems the regulation requiring one's physical presence in the U.S. for both submission of the I-131 application AND the biometrics appointment is ludicrous and, in many cases (such as ours), an unnecessary hardship. So my question is, is it possible to "get away" with submitting the application without being physically present in the U.S.? My wife, who has her green card, and I are currently working in China and cannot afford the luxury of staying too long when we travel back to the States this summer. (I know we can go to the U.S., submit the app, and request an expedited biometric appointment, but that's still a bit too "iffy" for us.)

Let me mention that I've checked over the form, and I see nothing in it to the effect that the applicant swears that he/she is present in the U.S. at the time of submission. And, of course, it would be simple enough to avoid the foreign postmark on the envelope that we send in, by sending the completed form to a relative and having them resend it.

Perhaps the only question is whether they check one's passport during the biometric appointment to ensure that you were present in the States when you sent in the application. I could be wrong, but I suspect it's not a big enough deal for them to care -- it doesn't seem like much more than a "white lie". Can anyone weigh in?

[chickenegg]

OK, maybe I shouldn't be asking this, but it seems the regulation requiring one's physical presence in the U.S. for both submission of the I-131 application AND the biometrics appointment is ludicrous and, in many cases (such as ours), an unnecessary hardship. So my question is, is it possible to "get away" with submitting the application without being physically present in the U.S.? .. Can anyone weigh in?

When the regulation says that I-131 should be submitted while physically present in the USA, what they really mean is that I-131 should be filed before one leaves for the long absence from the USA. In other words, they do not allow you to commence your long absence and then apply for REP in the middle of the absence so that you can get re-entry after the absence ends.

In your case, you will be returning to the US for the biometrics. Your long absence will not start until you leave the USA after the biometrics are done. The REP will only be used for eventual return from that long trip much later.

If you read this: https://www.uscis.gov/sites/default/...urces/B5en.pdf
The link says you should file 60 days before you begin travel (i.e. the long absence). So your "cheating" should work as it follows the spirit of the regulation.

All that said, unless you have definite proof from a lawyer or an applicant that someone did this and got away, it is a risk. If you are feeling lucky, go for it!

[skyland235]

Good post but taking it one step further....biggest concern is the wait for the Biomtrics appointment after entering the US , especially if you need to head back to home country quickly for work reasons...with this in mind, could you apply for the re-entry permit say 2/3 weeks before planned trip to US in the hope that the biometrics appointment will be available soon after when you are physically in the US?