Re-Entry Permits for US Green Card Holders
For those that have U.S. Permanent Residency (Green Card Holders) but are planning on leaving the United States for an extended period of time (over a six-month period), one should file for the I-131 Re-Entry permit. Those that have not filed and have been absent from the United States for a long duration, can risk having their Green Cards confiscated, or can be made to “give up” their Green Cards while attempting to re-enter the U.S. as they have “abandoned” their Legal Permanent Resident (LPR) status.
How to apply for a US Re-Entry Permit
In order to apply for the I-131, one has to be physically within the U.S. when applying and should have a valid reason for leaving the U.S. Further, one should continue to maintain strong ties to the U.S. (which can come in a variety of different forms) as even with the I-131, there have been cases that an over-zealous officer has attempted to make the LPR give up their status. Cases such as these can be rectified slightly easier because of the I-131 but unfortunately, there are no guarantees.
If you are a LPR and are planning to leave the United States, it’s best to speak to an immigration attorney to discuss your specific situation. Further, if you are a Permanent Resident that has already left the U.S., and you have not abandoned your status, there are different options that can be explored in your case as well. From what we have seen, a struggling economy, brings about different and varied results from officers and immigration officials in general. Being proactive with any potential Green Card issues that can arise by applying for a US Re-Entry Permit will save you much grief rather than waiting for the unsettling to occur.
Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially
My name is Ahmed and I am studying in Seattle on a student visa. Also my wife has a student visa. We have a son born in the US. My question is can I get a green card?
Hello. If you are thinking that you are eligible for a Green Card based on your son’s birth in the US, this is not the case until he turns 21 after which he can sponsor you and your wife. However, in the mean time, there are other paths to a Green Card. Check out our website at http://www.VisaPlace.com for details.
I have left the US for Canada for almost 9 year. What’s the best way to renew my US LPR which is expiring by end of this year?
If you have a US Green Card that has not expired, you can re-enter the US, wait one year and apply for a renewal for the Green Card. The challenge is however, to return to the US after all these eyars of absence. A USCIS officer could deem your PR status to be abandoned.
My name is H. M. AMRAN of Bangladesh. I obtained my Green Card. However, I left the U.S. on April 28, 2008 and have not been back since. Can I re-enter the U.S. with no problem?
Dear Amran,
The Green Card Holders are advised to apply for the I-131 Re-Entry permit before leaving the U.S. for more than a six month period. If you have not filed the I-131 before you left, you may be asked to give up your Green Cards. I suggest that you consult with a qualified immigration lawyer to get legal advise on what you can do at this point.
Hope this helps.
Hello,
My wife, my three sons and I are Green Card holders since February, 2010. In August, 2010, we sent our two sons to their grandmother in my home country because we could not take care of them at that time. We are planning to have them stay with their grandmother for more than one year outside the U.S.
Do they need Re-Entry Perrmits? We don’t want to lose our Greed Cards. What do we do?
Thanks in advance.
Vato
Dear Vato,
Because they have failed to apply for Re-entry Permit before leaving the U.S. and are planning to stay outside the U.S. for more than a year, they may be considered to have abandoned your permanent resident status.
Under these circumstances, I suggest that you contact a qualified immigration lawyer to disucss your specific situation as there might be different options available for you at this point.
Hope this helps.
Hi,
How do I maintain my U.S. Greean Card? Can I maintain my U.S. Green Card even if I travel very frequently?
Hi,
I’m kevin de Guzman from the Philippines.
I had my Green Card last year. I had to leave for the Philippines to continue my education there. I tried to apply for a Re-entry permit without success and I got a letter from immigration stating that my re-entry has been abandoned.
I have to go back to the Phillippines again soon, but want to keep my Green Card valid at the same time. What do I do?
Thank you.
Kevin
Dear Kevin,
It’s not clear from the fact whether your re-entry or your Green Card has been abandoned.
However, it seems that you may have to apply for a SB-1 “Returning Resident” visa. This visa is required when you are an LPR unable to return to the U.S. within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years). You may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.
However, I would suggest that you discuss your situation in more detail with a qualified immigration lawyer as this might be a fairly complicated process loaded with documents and forms.
Thank you.
I am a Green card holder in the U.S. and have been filing my IT returns. A large share of my work life has been in International marketing, promiting the U.S. companies in the Asian markets. This usually has involved frequent business travels in and out of the U.S. for an extended period, but never more than for 6-9 months in any year.
But, now I want to go for 18 months. What should I do?
Dear RAO,
If your trip duration is going to be greater than one year (but less than two years), a re-entry permit is required. If not, you may be determined that you abandoned your resident status.
Thank you.
I am a Green card holder with a re-entry permit valid till June 25, 2011. I am staying in India right now I wish to maitain my U.S. PR status but may not be able to re-enter within the date mentioned above due to my health conditions.
Should I ask for an extension of my re-entry permit?
Dear Dr. Deenanbandhu Veligandla,
In your case, you may be eligible to apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa. Among other things, you would have to show that you departed from the U.S. with the intention of returning and have not abandoned this intention and your protracted stay was caused by reasons beyond your control. You would also have to show proof of your ties to the U.S. and your intention to return.
Since approval of this application is highly discretionary, I suggest that you contact an immigration lawyer to prepare a strong application package for you.
Thank you.
Dear Kiran,
If your trip duration is greater than one year, but less than two years, a re-entry permit is needed to enter the U.S. You have to be physically present when filing this application.
Thank you.
Hi,
My name is Sinisa Novakovic. I got my Green Card, but left the U.S. on July 31, 2005. I have not been back since. My card expires in 2012. Can I re-enter the U.S.?
Dear Sinisa,
Normally, if your travel duration is greater than one year, you should apply for a re-entry permit before your departure. Otherwise, it could be determined that you have abandoned your resident status.
Since you stated that you departed in 2005 and have not been back since 2005, it’s likely that you will experience trouble re-entering the U.S. I recommend that you consult with a qualified immigration lawyer with more detailed information in order to better assess what your options are.
Thank you.
I am a U.S. Greencard holder and was outside of the U.S. for more than 3 years.
I am planning to return to the US just for a visit. If the immigration officer takes away my Green Card, can I at least enter for a short period of time to clear my personal belongings in the U.S.? Please help.
Dear Anita,
If you were away from the U.S. for more than three years, it is likely that you will be considered to have abandoned your permanent resident status in the U.S. You should have applied for a Re-entry Permit prior to your departure.
If your entry is refused and you need to enter into the U.S. to wind down your personal affairs in the U.S., depending on your country of nationality, you may have to apply for a U.S. Visitor Visa to temporarily enter the U.S. Or, you may also qualify for a Returning Resident Visa provided that you meet certain conditions.
Hope this helps.