All You Need to Know About a Reentry Permit.

A reentry permit is a travel document for U.S. lawful permanent residents, allowing reentry after extended stays abroad, preserving the presumption of non-abandonment of their status.

Rights and Obligations:

- Lawful permanent residents can typically travel freely, but extended stays may risk status.

- Travel <6 months: No issues; use Green Card for reentry.

- Travel 6 months - 1 year: Inspection may be required, but Green Card can be used.

- Travel >1 year: Requires proof of status maintenance; Green Card unusable; need reentry permit or returning resident visa.

What Does a Reentry Permit Do?

- Allows reentry after up to 2 years abroad without a returning resident visa.

- Presumes intent to maintain status despite prolonged absences.

Returning Resident Visa:

- Required if no valid reentry permit after a year abroad.

- Must prove status, intent to return, maintained intent during the trip, and extended stay reasons beyond control.

Important Note:

- Reentry permit creates a presumption of non-abandonment, but it can be challenged with strong evidence.

2. Benefits of a Reentry Permit:

- Enables extended travel without a returning resident visa.

- Preserves the presumption of maintaining status.

- Acts as a travel document in cases where a home country's passport is unavailable.

3. Situations Requiring a Reentry Permit:

- Staying abroad for a year or longer.

- Spending significant time outside the U.S., even if <1 year.

- Inability to obtain a passport from the home country.

4. Requirements to Get a Reentry Permit:

- Must be a lawful permanent resident or conditional lawful permanent resident.

- Temporary departure intent.

- File Form I-131 with supporting documents in the U.S.

- Complete required biometrics in the U.S.

5. How to Apply for a Reentry Permit:

i. Hire an Immigration Lawyer:

- While not mandatory, hiring an immigration lawyer offers benefits in evaluating your situation and determining the suitability of a reentry permit.

- Provides strategic planning, ensuring compliance with critical timelines during the application process.

ii. File Form I-131:

- Also known as the "Application for Travel Document," this form is essential for reentry permit application.

- Submission must be while you are physically present in the United States.

- Include all necessary supporting documents along with the Form I-131.

iii. Complete Biometrics:

- USCIS mandates biometrics completion after filing Form I-131.

- Generally conducted within the U.S., with rare exceptions for appointments outside the country.

6. Documents Needed to Apply for a Reentry Permit:

- Multiple documents are required, varying based on individual cases.

- Specific document requirements should be discussed directly with an immigration lawyer.

7. How Long is a Reentry Permit Valid for?

- Typically valid for 2 years from the issuance date.

- Exceptions:

- Conditional lawful permanent residents: Expires by the end of conditional lawful permanent residency.

- Lawful permanent residents with substantial time abroad in the last 5 years: Limited to 1 year, with exceptions.

- Lawful permanent residents planning extended travel (1 year or more) should consider obtaining a reentry permit.

- A valid reentry permit allows up to 2 years abroad without jeopardizing lawful permanent resident status.

- For inquiries or assistance in obtaining a reentry permit, contact us.