Re-Entry Permits: How Can I Preserve My Residency Status While Spending Extended Time Abroad?

As a permanent resident (i.e., green card holder) of the United States, you have the right to live and work in the U.S. indefinitely. In addition to those rights, you can travel both domestically and internationally for relatively long periods of time; however, if you need to spend an extended period of time abroad (e.g., longer than one year) due to a family emergency or any other reason, you may need to obtain a re-entry permit. In this blog post, we will cover re-entry permits and how to ensure that your permanent residency status is preserved during your extended travel.

WHAT IS A RE-ENTRY PERMIT?

A re-entry permit is a document issued by the U.S. Citizenship and Immigration Services (USCIS) to permanent residents who wish to travel abroad for an extended period of time, typically more than one year, but less than two years. Once issued, this document, much like a passport, will allow you to travel outside the U.S. and preserve your permanent residency status, so when you return you do not have to seek a returning resident visa or worry about placing your residency status at risk.

MAINTAINING CONTINUOUS RESIDENCE

One of the key requirements for preserving your status as a permanent resident is that you maintain continuous residence in the U.S. When it comes to continuous residence, the ultimate goal is to avoid prolonged trips for 6 months or greater; especially, if you’re working towards naturalizing to become a U.S. citizen. In general, this means that single trips outside of the United States for 6 months or longer but less than one year will cause a presumption that your status is broken and trips for one year or greater will effectively terminate your residency status. In that situation, the U.S. government will consider your permanent residency status as abandoned. However, obtaining a re-entry permit before you leave can help you maintain your status.

WHEN IS A RE-ENTRY PERMIT REQUIRED?

A re-entry permit is required when a permanent resident plans to leave the U.S. for more than one year but less than two years. If you stay outside the U.S. for more than one year without a re-entry permit, you will face the possibility of being denied entry into the U.S. A re-entry permit may also make sense if you plan on taking multiple trips outside the U.S. that, if added together, could amount to a significant period of time.

APPLYING FOR A RE-ENTRY PERMIT AND VALIDITY PERIOD

To apply for a re-entry permit, you must file Form I-131, Application for Travel Document, with USCIS, pay the filing fee and attend a biometrics appointment. You must also provide the necessary supporting documentation, such as evidence of your permanent resident status (i.e., a copy of your green card), passport photos, your reasons for traveling abroad and more.

Once granted, a re-entry permit is typically valid for two years from the date of issuance. However, if you are a conditional resident, the permit is only valid for up to two years or until the date you are required to apply for removal of the conditions on your status, whichever comes first.

PROCESSING TIMES AND RECEIVING THE PERMIT ABROAD

Processing times for re-entry permits can range anywhere from 3-7 months. However, if you need to leave the U.S. before your re-entry permit is processed, you can elect to receive the re-entry permit at a U.S. Embassy or Consulate in the country where you will be staying. Most importantly, you must attend your biometrics appointment before your intended travel, so it’s best to begin applying at least 60 days before the proposed date of travel.

In conclusion, if you are a permanent resident and need to spend an extended time abroad, it’s crucial to plan ahead and apply for a re-entry permit, if necessary. This will help protect your status and facilitate your return to the U.S. If you are interested in filing for a re-entry permit or need advice on your travel plans, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to assess your situation and if eligible, aid in applying for the benefits you are seeking. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.