Posts Tagged ‘re-entry permit’
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
Posted in Immigrant Visas, USCIS | Read More »
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 »
I Have My Green Card. Now Can I Leave the U.S.?
A green card holder can generally leave the U.S. anytime for temporary and finite absences abroad without jeopardizing their permanent residency status. If a green card holder is out of the U.S. for more than one year, Immigration takes the position that residency has been abandoned. In certain cases, even absences of less than one year can result in abandonment of permanent resident status if a person lives and works abroad, files taxes as a nonresident, or otherwise demonstrates an intention to abandon residency. DHS will look at such factors as family and employment ties in the U.S., income tax returns, memberships in clubs or religious organizations, as well as existence of a mortgage or residential lease to determine whether permanent residency in the U.S. has been abandoned. If you are planning to spend a prolonged period of time outside the U.S. and wish to maintain your green card status, it may be prudent, depending on the circumstances, to obtain a re-entry permit, which will allow you to be absent from the U.S. for as long as two years.
This is the first in a series of FAQ postings. There are many questions that come up frequently in our practice, and I intend to answer them on this blog. Stay tuned for more answers to Immigration FAQ’s.
Tags: abandonment of permanent residency, FAQ, green card, immigration, income taxes, nonresident, re-entry permit
Posted in FAQ H-1B, H-1B | Read More »
