Reentry Permit Guide: A Comprehensive Guide

 

1. General Overview of the Reentry Permit

A reentry permit is a travel document, similar to a passport, that allows U.S. lawful permanent residents to return to the United States after extended absences. The reentry permit creates a legal presumption that a lawful permanent resident did not intend to abandon their status, even if they have been outside of the U.S. for an extended period.

As a U.S. lawful permanent resident, you can generally travel in and out of the United States without issue. Normally, when returning to the U.S., you would use your Form I-551 (Green Card) to re-enter the country. However, if you are traveling outside of the U.S. for one year or more, your Green Card will no longer be sufficient to return to the U.S. In this case, you will either need a valid reentry permit to re-enter or, alternatively, you will have to apply for a returning resident visa (SB-1).

To better understand these concepts, let’s first look at the rights and obligations of U.S. lawful permanent residents.

Rights and Obligations of United States Lawful Permanent Residents

• As a lawful permanent resident, you enjoy various rights, including the right to live and work in the United States permanently.
• To maintain your lawful permanent resident status, you must ensure that you do not abandon it.
• Failing to maintain your lawful permanent resident status may result in its abandonment.
• One way to potentially lose your lawful permanent resident status is by spending extended periods of time abroad.

Issues for Lawful Permanent Residents When Traveling Outside of the United States

• As a lawful permanent resident, you are allowed to travel in and out of the United States. However, the duration of your stay outside the country may affect your status.

Travel Abroad for 6 Months or Less:

If you are traveling abroad for six months or less (180 days or fewer), you should generally have no trouble returning to the U.S.

• Upon your return, you are not treated as someone seeking admission into the United States.
• You are not required to prove that you have been maintaining your lawful permanent resident status.
• You can use your Form I-551 (Green Card) to re-enter the U.S.

Travel Abroad for 6 Months to 1 Year:

If you are outside the U.S. for more than 180 days but less than a year, you may face additional scrutiny upon returning to the United States.

• You might be asked to provide proof that you have maintained your lawful permanent resident status.
• Your Form I-551 (Green Card) can still be used to re-enter the country.

Travel Abroad for 1 Year or Longer:

If you are outside the United States for one year or longer, you must prove that you have maintained your lawful permanent resident status when returning.

• Your Green Card will not be sufficient for re-entry.
• You will need a valid reentry permit or must apply for a returning resident visa (SB-1).

What Does a Reentry Permit Do?

A reentry permit allows you to return to the United States after an absence of up to two years without needing a returning resident visa.

Having a valid reentry permit establishes a legal presumption that you intended to maintain your lawful permanent resident status, despite long stays outside the country.

What is a Returning Resident Visa?

If you are a lawful permanent resident who has been outside the U.S. for a year or more without a valid reentry permit, you must apply for a returning resident visa to return to the U.S. You will not be able to use your Green Card for reentry.

To obtain a returning resident visa, you must prove:

• You were a lawful permanent resident when you left the U.S.
• When you left, you intended to return to the U.S.
• You maintained your intent to return to the U.S. during your time abroad.
• Your extended stay outside the U.S. was due to circumstances beyond your control.

Important Note Regarding Reentry Permits

A reentry permit creates a legal presumption that you did not intend to abandon your lawful permanent resident status. However, the government may rebut this presumption by presenting “clear, unequivocal, and convincing evidence” to the contrary. Therefore, possessing a reentry permit does not guarantee that you will retain your lawful permanent resident status.

Now that we’ve covered the basic concepts, let’s explore the benefits of obtaining a reentry permit.

2. Benefits of a Reentry Permit

Travel Flexibility

With a reentry permit, you can travel outside of the United States for extended periods without the need to obtain a returning resident visa, making re-entry into the U.S. easier.

Maintain Lawful Permanent Resident Status

A reentry permit provides the legal presumption that you did not intend to abandon your permanent resident status, even after spending long periods outside the U.S.

Alternative Travel Document

If you are unable to obtain a passport from your home country, a reentry permit may function as a travel document, allowing you to travel internationally.

If you plan to visit a country that does not recognize your home country’s passport, you can use the reentry permit as an alternative travel document, similar to a passport.

For more information, you can reach out to Espada Immigration at abbas@espadaimmigration.com.

3. Situations Where You May Need a Reentry Permit

A reentry permit can be essential in several situations for lawful permanent residents (LPRs) who plan to travel abroad. Here are some common scenarios where obtaining a reentry permit can be beneficial:

• If you plan to stay outside of the United States for a year or longer: A reentry permit allows you to reenter the U.S. without the need for a returning resident visa if your absence extends beyond a year.

• If you spend extensive time outside of the United States: Even if you do not remain abroad for a full year, extended periods of travel can raise concerns when you return. A reentry permit helps demonstrate that you did not intend to abandon your permanent resident status.

• If you are unable to obtain a passport from your home country: A reentry permit serves as a travel document similar to a passport, allowing you to travel internationally.

4. Requirements to Get a Reentry Permit

To qualify for a reentry permit, certain requirements must be met:

• You must be a lawful permanent resident (LPR) or a conditional lawful permanent resident.

• You must intend to depart the United States temporarily.

• You need to file Form I-131, along with all necessary supporting documentation.

• Your application must be submitted while you are physically present in the United States.

• You must complete biometric processing (fingerprints and photo) within the U.S.

5. How to Apply for a Reentry Permit

Follow these steps to apply for a reentry permit:

i. Hire an Immigration Lawyer
The first step in the process is to hire an experienced immigration lawyer. While you are not required to have an attorney, working with one provides numerous advantages.

Your immigration lawyer will review your situation and assess whether a reentry permit is appropriate for your needs. If it is determined that a reentry permit may not be the best course of action, your lawyer will explore other options with you.

In addition, an immigration lawyer will guide you through the complex process and help ensure that all necessary actions, such as timing and filing deadlines, are followed. Timing is crucial when applying for a reentry permit since certain steps require your physical presence in the United States.

If you have any questions regarding your specific case, feel free to email me at abbas@espadaimmigration.com. I would be happy to assist you.

ii. File Form I-131
Once you and your lawyer determine that a reentry permit is the right option, you must complete and file Form I-131, the “Application for Travel Document.” This form is necessary to apply for a reentry permit, and it must be submitted while you are inside the United States.

Be sure to include all required supporting documents with your application.

iii. Complete Biometrics
After filing Form I-131, the United States Citizenship and Immigration Services (USCIS) will schedule you for a biometrics appointment. During this appointment, your fingerprints and photo will be taken.

Biometrics must be completed in the United States, although in rare cases, there may be exceptions for biometrics outside of the U.S.

6. Documents Needed to Apply for a Reentry Permit

To apply for a reentry permit, you must submit several documents along with your Form I-131. The specific documents required depend on your case details. For personalized guidance, please contact me directly at abbas@espadaimmigration.com.

7. How Long is a Reentry Permit Valid For?

A reentry permit is generally valid for two years from the date of issuance. However, some exceptions exist:

• For conditional lawful permanent residents: If you hold conditional status, your reentry permit cannot extend beyond the expiration of your conditional status, potentially shortening its validity.

• For LPRs who have spent significant time abroad: If you’ve been outside the United States for more than four years since becoming an LPR (or within the past five years, whichever is shorter), your reentry permit may be valid for only one year, with a few exceptions.

8. Conclusion

If you’re a lawful permanent resident planning to be outside the United States for a year or more, obtaining a reentry permit is typically necessary. With a reentry permit, you can remain outside the U.S. for up to two years without losing your permanent resident status. Additionally, it allows you to return to the U.S. after absences exceeding a year, without the need for a returning resident visa.

For questions regarding your reentry permit or assistance with your application, don’t hesitate to email me at abbas@espadaimmigration.com. I am here to help!

Espada Immigration is a Los Angeles-based immigration law firm. Have a question? Let’s talk.

Resources:

• Code of Federal Regulations Section 316.5: Residence in the United States
• USCIS: How Do I Get a Reentry Permit?
• Code of Federal Regulations Section 223.3: Reentry Permits, Refugee Travel Documents, and Advance Parole Documents
• Business Immigration: Law and Practice, 2nd Vol. 2: Chapter 4
• AFM Chapter 52: Reentry Permits