A Re-Entry Permit is Not a Guarantee of Admission

A lawful permanent resident (LPR) must present an admission document upon entering the U.S.  Typically, this is an LPR card (i.e. green card).  In circumstances where the LPR has remained outside the U.S. for an extended period of time (typically, 1 year or more), a re-entry permit must also be presented upon entry.  This document communicates to the immigration officers that the LPR is not abandoning his/her green card by remaining outside the U.S. for a long period of time. 

One common misconception about a re-entry permit is that the LPR will receive automatic admission to the U.S. by having the document in hand.  Re-entry permits actually do not guarantee admission to the U.S.  That is, possession of a re-entry permit does not prevent the Department of Homeland Security (DHS) from inquiring as to whether the LPR abandoned his/her permanent residency.  All the re-entry permit does is prevent the DHS from relying solely on the duration of the absence as a basis for determining the LPR’s abandonment of the green card.

Please contact our San Francisco immigration law firm if you have questions about the above or need assistance with a re-entry permit.

Tags: abandonment of LPR, green card, lawful permanent resident, re-entry permit
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