On Oct 9, 8:23 pm, meauxna wrote:
> > On Oct 8, 6:21 pm, meauxna wrote:
> > > > On Oct 7, 6:58 pm, meauxna
> > > > wrote:
> > > > > > Hello,
>
> > > > > > My family member needs to apply for reentry permit because the
> > > > > > person
> > > > > > needs to leave the US on temporary basis for 2 years. \
>
> > > > > > As I understand - the reentry permit application needs to be
> > > > > > filed
> > > > > > before the person leaves the US.
>
> > > > > > If I take this statement literally - then the following will
> > > > > > satisfy
> > > > > > the requirement:
> > > > > > - The person files electronically - (So USCIS issues a receipt
> > > > > > notice
> > > > > > online) at 1 P.M. on a given day.
> > > > > > - At 6 P.M. actually departs from the US and also sends
> > > > > > supporting
> > > > > > docs before leaving. The supporting docs will get to USCIS
> > > > > > sometime
> > > > > > later.
>
> > > > > > But the application is filed when USCIS actually gets the
> > > > > > application.
> > > > > > If the person is physically present at the time of filing then
> > > > > > this is
> > > > > > ok. It is irrelevant then how much time elapses between filing
> > > > > > and
> > > > > > actual departure from the US (could be 1 hour or could be 5
> > > > > > months).
>
> > > > > > If it is online - then it is instant. When USCIS gets
> > > > > > supporting
> > > > > > docs
> > > > > > should be irrelevant.
>
> > > > > > Is that correct reasoning?
>
> > > > > > I understant that in such corner case - it will be important
> > > > > > to
> > > > > > show
> > > > > > at what hour the plane departed and at what time the
> > > > > > application
> > > > > > was
> > > > > > filed - however all of that is easy to do (relatively
> > > > > > speaking:)
>
> > > > > > Please advise - I think this will help others in this forum.
>
> > > > > It's fine reasoning for you and I. I would be concerned that it
> > > > > would
> > > > > fly with USCIS.
>
> > > > > Since online filing is so new to USCIS and they are so
> > > > > inconsistant
> > > > > in
> > > > > applying their policies, I wouldn't want to take it to the bank.
>
> > > > > --- Hide quoted text -
>
> > > > > - Show quoted text -
>
> > > > So with electronic filing where they issue a receipt notice of the
> > > > application filed on the spot - can you leave 1 week after, 2
> > > > weeks
> > > > after, 2 hours after? USCIS in their docs writes that applicant
> > > > needs
> > > > to be present in the US at the time of filing the application. If
> > > > USCIS issues a receipt notice at 1 P.M. of the filing - then why
> > > > can't
> > > > you leave at 2 P.M?
>
> > > > Let's assume USCIS really considers an application filed when all
> > > > supporting docs are sent. But USCIS will not issue any receipt
> > > > notice
> > > > for the docs sent - because it issues receipt notice only when
> > > > application is filed and payment is received.
>
> > > > But if USCIS takes this stand that you have to wait until USCIS
> > > > receives all supporting docs - then how do you know when USCIS
> > > > receives the supporting docs. Even if you send them by mail and
> > > > you
> > > > get a tracking # - USCIS can say easily that what really matters
> > > > is
> > > > when the supporting docs make it to some internal mail room - this
> > > > way
> > > > they are received. But that can even take a month or more and
> > > > there is
> > > > no way for anyone to track.
>
> > > > Any comments gurus?
>
> > > > Is electronic filing of reentry permit simply not advisable as
> > > > USCIS
> > > > has not posted any guidelines?
>
> > > OK, then let's ask the obvious follow up (if this isn't just
> > > theoretical): why can't you file by mail before you leave?
>
> > > You would need to find someone who has actually done this in reality
> > > to
> > > get any kind of answer, I think, and even then, what worked for them
> > > is
> > > not guaranteed to work for you.
> > > You could also poll around for lawyers who have direct, actual
> > > experience with the online filiing of re entry permits.
>
> > > --- Hide quoted text -
>
> > > - Show quoted text -
>
> > The reason is that actually the person already filed by mail 2 weeks
> > ago but the $305 check was not cashed yet and no receipt notice has
> > been issued. The person wants to wait but does not want to postpone
> > plans.
>
> > It is obvious that we are dealing with a completely disfunctional
> > institution that may or may not change things at a whim. But changing
> > plans around because of a disfunctional institution is too much.
>
> > So the plan is - if the institution does not cash in the check before
> > leaving then the person will just file for a reentry online.
>
> > The issue is what USCIS considers a filed application? That is when
> > they issue a receipt notice and take money from bank? If this is so -
> > you should be able to file online at 1 P.M. and leave at 6 P.M. But
> > they might totally have different unpublished regulations hidden
> > somewhere....:) So if someone has any experience - please feel free to
> > let me know.
>
> Oh, he's *already* filed.
> Are you aware of the current receipting backlog? Please see this report
> and look up the Service Center and dates: USCIS Application and
> Receipting Update (http://tinyurl.com/23apnf) at uscis.gov
>
> If your friend has proof of mailing/receipt from his shipper, that might
> make a whole different story.
>
> Since this is such a unique situation, I don't think there is any way to
> give you a definitive answer. You might try contacting a couple of
> lawyers who have experience with re-entry permits and perserving PR
> status to get a professional opinion.
>
> --- Hide quoted text -
>
> - Show quoted text -
Thank you. USCIS just cashed the check after 2 weeks. What a
disfunctionality. But at this point I assume there is proof that at
the time the check was cashed the application was filed even though
they still failed to send a receipt notice. However on the back of the
cashed check there is the LIN #.......
What a total disfunctionality.
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