Green card holders who are seeking to protect their permanent resident status when leaving the country for an extended period of time should apply for a re-entry permit. The re-entry permit protects an individual from being accused of abandoning their permanent residency by proving their intent to remain a resident of the U.S.
How Do You Use a Re-Entry Permit?
Green card holders seeking to leave the U.S. will need to file Form I-131, Application for Travel Document. On the application, they will cite their reasons for needing to leave the country for an extended period of time. If the re-entry permit is approved by the Department of Homeland Security (DHS) then they will be permitted to travel for up to two years from the date of issuance.
When it is time to re-enter the country, the permit holder should have their re-entry permit, passport, and green card on them. Note that immigration officers will have the right to question your entrance which is why it is critical to not take advantage of the status. Lying in order to receive a re-entry permit is not legal and may jeopardize your immigration status.
That being said, it is advisable to keep evidence of your abroad affairs to use in any questioning. For example, a student may show their transcripts or records, while a worker may show pay stubs.
Re-entry permit holders may also want to have evidence of their ties to the United States on hand, which includes evidence of a U.S. Driver’s License, employment, bank account, property ownership, and similar documentation.
Readmission is not a guarantee and can be subject to investigation if there is reason to believe your extended leave was not associated with the reasoning listed on the permit or that it was not temporary.
Reasons for Seeking a Re-Entry Permit
An individual may seek a re-entry permit for a variety of reasons, which can be approved or denied by the DHS. Again, it is important for the reasoning to be accurate. Claiming you are working or caring for a sick family member when you are actually using the permit for other reasons is unlawful and may cause serious issues in being readmitted and receiving U.S. citizenship. Here are some more common reasons an individual may seek a re-entry permit:
• Extended Travel: Green card holders who regularly travel or who have an anticipated extended travel period ahead will benefit from a re-entry permit by more easily returning to the U.S. so long as their re-entry permit is valid.
• Work: Longer business trips or working abroad will be permitted so long as the application specifies the terms and length of the overseas employment. An example of this may be a one-year project requiring an individual to be stationed at their company’s office abroad.
• Family Emergencies: Attending to family matters such as funerals, weddings, and other similar gatherings. Caring for an ill family member will also be a valid reason for an extended trip abroad.
• Study Abroad: Studying abroad such as taking college or vocational courses, sabbaticals, and other educational programs are acceptable reasons for re-entry permits. These again will need to be proven through the length and terms of their educational program.
• Military Service: In some cases, a green card holder may need to leave the country for a military assignment. In such cases, the service member, their spouse, and their children will be permitted, for example, to leave for the duration of service plus an additional 4 months so long as they are all lawful permanent residents (LPRs).
• Substitute for a Passport: On rare occasions, an LPR may use a re-entry permit in place of a passport. Note, not every country will accept a re-entry permit in place of a passport so it is critical to research the destination before taking this route. This method is typically used by U.S. lawful permanent residents who were unable to acquire a passport from their native country and need to travel.
• New Permanent Resident: A newly named permanent resident may seek a re-entry permit for stays shorter than a year. This will provide extra protection in proving their commitment to remaining permanently in the U.S. If you are concerned about jeopardizing your status, you should contact an immigration lawyer to discuss the right next steps given your individual circumstances.
What to Do After the Re-Entry Permit Expires?
An immigration attorney will provide you with guidance on whether your time abroad is grounds for a re-entry permit. While the permits are typically intended for stays over a year, some shorter-term travel plans may warrant one.
The re-entry permit is valid for up to two years. However, one must be in the United States when applying or reapplying. Failure to return before the expiration of the permit may result in being referred to secondary inspection for additional questioning, being referred to deportation proceedings in immigration court, and potentially even the loss of your green card.
Contact a California Immigration Lawyer Today
If you are considering applying for a re-entry permit, you should consult a lawyer specializing in immigration and nationality law.
Reeves Immigration Law Group regularly provides a personalized approach for individuals on all aspects of immigration from temporary visas to citizenship. Our team of California immigration lawyers will work with you throughout the re-entry permit process to ensure that you are following local and federal regulations. We understand that these applications can be complex and will work relentlessly to provide you with the best possible outcome while keeping your peace of mind.
Contact us today to discuss your re-entry permit, or any other related immigration needs.
