Do I need a re-entry permit to enter the U.S.?

Re-entry permits are required for lawful permanent residents (“green card holders”) who intend to be outside the U.S. for 1 year or more but who want to preserve their immigrant status.  This includes those traveling, working, and/or residing abroad.  If a green card holder is going to be outside the U.S. for less than 1 year, a re-entry permit may not be required to maintain status. 

Re-entry permits are generally granted for 2 years and cannot be extended.  However, a person with a re-entry permit may enter the U.S. before the expiration of the 2 years and apply for a new 2-year period.  Applicants must apply for a re-entry permit while physically present in the U.S.  Please note that the USCIS requires that biometrics be taken for these applications and it is best to complete the required biometrics before departing the U.S.  If not, the USCIS may deny the application if the applicant does not complete the required biometrics in a timely fashion.

Even though a person holds a valid re-entry permit, the Department of Homeland Security (DHS) may still inquire about the person’s absence from the U.S.  This is more common if the individual has been living abroad for several years.  Please note that if a person stays outside the U.S. for 1 year or more without a re-entry permit, the DHS considers this an abandonment of the green card.   

Please contact our San Francisco immigration law firm if you’d like assistance with a re-entry permit or have questions about the requirements or process.

Tags: abandonment, Form I-131, green card, lawful permanent residence, re-entry permit
Posted in FAQ Employment-Based Green Card, FAQ Marriage-Based Green Card, Immigrant Visas, USCIS | Read More »