If you are a Permanent Resident of the United States, you may travel outside of the U.S. But that said, traveling outside the United States does have some limitations. As a permanent resident, you are required to comply with the residency requirements.
A trip that goes beyond six months raises a red flag because you do not want to convey to the government that you are abandoning your residency. Typically, a re-entry permit comes into play when the absence from the United States is a year or more. A Re-entry permit is valid for two years from the date of issuance.
Green Card holders should apply for this benefit before leaving the United States. Reentry Permit may not be extended and does not guarantee you admission into the U.S. Foreign nationals with Re-entry Permit are subject to the immigration inspections process at port of entry.
You must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees with the USCIS. Processing time is between 8 to 16 months.
A permanent or Conditional Resident must attach any one of the following documents along with Form I-131, Application for a Travel Document:
- A copy of the alien registration receipt card
- A copy of the biographic page of your passport and the page of your passport indicating initial admission as a permanent resident or other evidence that you are a permanent resident (if you do not have an alien registration receipt card)
- A copy of the approval notice of a separate application for replacement of the alien registration receipt card or temporary evidence of permanent resident status
If you intend to travel or live outside of the United States for more than 5 months in a year, you must get a visitor visa instead of getting a green card, otherwise, you may lose your green card based on the assumption of abandonment of intention.
In addition, you must be physically present in the United States when filing the application. Your application may be denied if you have already departed the United States before the collection of your bio-metric (fingerprint). You have the option to request that the bio-metrics appointment be expedited if valid reasons exists for such expedition.
Lawful Permanent Residents and Conditional Residents require Reentry Permits to re-enter the United States after travel of one year or more.
Reentry Permit is valid for two years from the date the re-entry permit was issued for Lawful Permanent Residents returning to the United States. On the other hand, Reentry Permit is valid for two years from the date the re-entry permit was issued or until the date the conditional resident must apply for the removal of conditions for Conditional Residents returning to the United States.
You won’t need to obtain a visa from an American Consulate for returning to the United States after having traveled abroad.
You may remain outside the United States for the validity of the re-entry permit
Difference between Advance Parole and Reentry Permit:
Advance Parole is issued to foreign individual who does not have a permanent resident status. Its document is just a piece of paper bearing the foreign individual’s photograph. Whereas, Reentry Permit is issued to a permanent resident of the United States and its appearance is like a passport.
Below is the attorney’s fee that Atty. Gambacorta charges for a typical case of this type when filed in the United States at the US Citizenship and Immigration Services (USCIS) and the filing fee currently charged by the USCIS.
- $ 350.00 attorney’s fees (expedition fee $250.00 more if applicable)
- $ 445 .00 US CIS filing fee for the main petition
Important to Note:
- A Re-entry Permit can be denied for a number of reasons. This include, but not limited to: forgetting to include the appropriate documents or fee, or if the reentry document is already and is still valid.
- Stolen, lost, and destroyed reentry permits grants its holder the recourse to apply for a new one, explaining the circumstance in the application.
- Applicants denied a reentry permit may appeal the same within 33 days upon receipt of the denial letter.
- A person issued a reentry permit may still be denied entry to the U.S. after having being inadmissible for reasons including committing a crime, getting involved in a terrorist activity, developing a health problem that’s seen as a risk to people in the U.S.; and such other similar reasons.
- While a reentry permit is a proof that you have not abandoned your US residence, the authorities may still deny your entry to the U.S. upon their determination that you were making your home elsewhere.
You Need an Immigration Lawyer for Your Immigration Petitions and Cases
Successful adjudication of your immigration petitions and cases through the numerous deadlines, intricate requirements, and complex processes could be extremely difficult if you do not have an immigration lawyer.
With immigration laws constantly changing, understanding what is required and when is very difficult to understand; thus, calling for the assistance of experienced immigration lawyer.
At The Gambacorta Law Office, we can help you through the preparation of your petitions and applications, coach you for your USCIS interview, and clear out issues on your green card, visas, and many others.
We provide exceptional and dedicated representation in various areas of immigration laws. From green cards, visas, to adjustment of status and everything else in between, we are here to help. We thoroughly prepare your immigration case, working with you on the basis of honest and clear communication every step of the way.
Our expertise can work for your advantage, giving you the most efficient and effective immigration assistance as you need it.