Guide to Reentry Permits

Guide to Reentry Permits

If you are a U.S. lawful permanent resident (LPR), there are at least three situations where applying for a reentry permit may be beneficial:

(a) if you will be abroad for one year or more;

(b) if you will be abroad for more than six months for two consecutive years; and

(c) if you have been warned by U.S. Customs and Border Inspection (CBP) officer that you are at risk
     of abandoning your permanent resident status.

Who Should Apply for a Reentry Permit?

If you are a U.S. lawful permanent resident (LPR), there are at least three situations where applying for a reentry permit may be beneficial: (a) if you will be abroad for one year or more; (b) if you will be abroad for more than six months for two consecutive years; and (c) if you have been warned by U.S. Customs and Border Inspection (CBP) officer that you are at risk of abandoning your permanent resident status

If You Will Be Abroad One Year or More

A Form I-551, Permanent Resident Card (i.e., green card) is only valid for entry after an absence from the U.S. of less than one year.If you have been abroad for one year or more, the CBP officer at the port of entry won’t let you enter by merely showing the I-551.

In contrast, a reentry permit can be valid for reentry to the U.S. for a period of up to two years. So, if there is a significant chance that you will be abroad for a year or more, we recommend applying for a reentry permit before leaving the U.S.

If You Will Be Abroad for More than Six Months for Two Years in a Row

To allow you to reenter the U.S. as an LPR, the CBP officer at the port of entry must determine that you are returning from a “temporary” trip abroad. If the trip abroad wasn’t temporary, then you have “abandoned” your LPR status, making you ineligible for readmission.

When is a trip abroad “temporary”? According to the courts, a trip abroad is temporary only if you possess an intention at the time of departure and throughout the entire trip to return to the U.S. as a place of employment or business or as an actual home “within a period relatively short, fixed by some early event.” If the return date “hing[es] on a contingency,” that contingency must have a “reasonable possibility of occurring” within a short period of time. It’s not enough that the intent to be to return “at some indefinite time in the possibly distant future.”And it’s not enough to intend to retain your LPR status.

if you will be outside the U.S. for more than 6 months for two consecutive years, there is a significant risk CBP may determine your stay abroad is not temporary, so you should apply for a reentry permit.

If CBP Has Warned That You Are at Risk of Abandonment

Another situation where you should obviously consider applying for a reentry permit is if a CBP officer has warned you that you are at risk for abandonment. This can happen at the port of entry when you are returning to the U.S. from abroad. The officer may notice that you have been abroad for a significant period of time and advise you that a non-temporary trip abroad will lead to abandonment of your LPR status.

Eligibility Requirements

USCIS may, as a matter of discretion, issue a reentry permit to a person meeting the following requirements:
1.You have been lawfully admitted to the U.S. as an LPR or conditional resident.
2.You have not abandoned that status, as discussed above.
3.You intend in good faith to make a temporary trip abroad.
4.You must be physically present in the United States at the time of filing. For this purpose, the
   United States means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin
   Islands, and the Commonwealth of the Northern Mariana Islands.
5.Departing the U.S. after you file has no effect on the application, although you would need
   to return to the U.S. for a biometrics appointment if you are between ages 14 and 79.
6.Issuance would not be contrary to the U.S. national interest

If you have any questions regarding Guide to Reentry Permits or any other immigration topic,
Please contact LEGiTiGO, today



Information contained here should not be construed as legal advice. Do not act or rely on this information without seeking legal advice from a qualified lawyer who learns your goals, investigates the specific facts of your case, researches how the law may apply to those facts, and then gives advice taking all that into account.