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Travel Documents | USCIS

Overview:

  1. General overview of the re-entry permit
  2. Benefits of a re-entry permit
  3. Situations where you may need a re-entry permit
  4. Requirements to get a re-entry permit
  5. How to apply for a re-entry permit
  6. Documents needed to apply for a re-entry permit
  7. How long is a re-entry permit valid?
  8. Conclusion

1. General overview of a re-entry permit

A re-entry permit is a travel document that is equivalent to a passport and permits U.S. lawful permanent residents to rejoin the country after being away for a lengthy period. The re-entry permit provides a legal presumption that despite being absent from the United States for a long time, a lawful permanent resident did not intend to lose their status.

As a lawful permanent resident of the United States, you are usually free to travel in and out of the country. In most situations, while returning to the United States, you will use your Form I-551 to re-enter the country. If you travel outside of the United States for a year or more, your green card will no longer be valid for re-entry. To enter the United States, you will need either a valid re-entry permit or apply for a return resident visa (SB-1).

Rights and obligations of United States lawful permanent residents

  • As a lawful permanent resident, you enjoy various rights, including the freedom to live and work in the United States indefinitely.
  • Your legal permanent residency must be maintained.
  • Failure to maintain your lawful permanent resident status may result in the loss of your status.
  • Extensive travel overseas is one method to potentially lose your lawful permanent resident status.

Issues for lawful permanent residents when traveling outside of the United States

Depending on how long you remain outside the United States, you may face certain penalties regarding your immigration status.

If you travel abroad for less than 6 months:

  • You should have no problems returning to the United States.
  • You are not viewed as someone seeking entrance to the country.
  • It is not necessary for you to demonstrate that you have maintained your status as a lawful permanent resident.
  • To re-enter the United States, present your green card.

Travel abroad for 6 months to a year:

  • You may be subject to examination upon your return to the United States.
  • You may be required to demonstrate that you have maintained your status as a lawful permanent resident.
  • To re-enter the United States, present your green card.

Travel aboard for a year or longer

  • If you travel overseas for a year or more, you must verify that you have maintained your status as a lawful permanent resident upon your return to the United States.
  • Your green card will not be accepted for re-entry into the United States.
  • To enter the United States, you must have a valid re-entry permit or apply for a returning resident visa (SB-1).

What does a re-entry permit do?

  • With a valid re-entry permit, you can return to the United States after being away for up to two years without the need for a returning resident visa.
  • There is a legal presumption that you intended to keep your status as a lawful permanent resident despite extended excursions out of the nation if you have a valid re-entry permit.

What is the returning resident visa?

If you are a lawful permanent resident and leave the country for a year or more without a valid re-entry permit, you will need to apply for a returning visa to rejoin the country. Your green card will not allow you to re-enter the nation.

To get a returning resident visa you need to prove that:

  • When you departed the United States, you were a lawful permanent resident.
  • You expected to return to the United States when you left the country.
  • You maintained your desire to return to the United States during your time outside of the country.
  • Your lengthy absence from the nation was due to circumstances beyond your control.

Important note regarding re-entry permits:

A re-entry permit generates a legal presumption that you did not intend to renounce your legal permanent resident status. Just because you have a re-entry permit, it does not ensure that you will keep your status as a lawful permanent resident. The government can overturn this assumption by presenting “clear, unambiguous, and persuasive evidence”.

2. Benefits of a re-entry permit

These are the benefits of a re-entry permit:

  • Travel – with a re-entry permit, you can leave the United States for an extended length of time and return without the need for a returning resident visa.
  • Maintain status – with re-entry permission, you are presumed not to have intended to abandon your status, even if you have spent long periods outside of the United States.
  • Documentation of Travel – If you are unable to get a passport from your native country, a re-entry permit may serve the same purpose.
  • If you want to visit a nation that does not recognize your home country’s passport, you can use the re-entry permit as a travel document like a passport.

3. Situations where you may need a re-entry permit

Here are some common scenarios where a lawful permanent resident can benefit from having a re-entry permit:

  • If you intend to spend a year or more outside of the United States. A re-entry permit allows you to enter the United States without a returning resident visa.
  • If you spend a significant amount of time outside of the United States. Even if you do not remain overseas for a year or more, spending a significant time outside of the United States may result in border questions. Your re-entry permission establishes that you did not plan to leave your status.
  • If you are unable to obtain a passport from your own country. A re-entry permit can serve as a travel document (like a passport) that allows you to travel.

4. Requirements to get a re-entry permit

Here are the main requirements to get a re-entry permit:

  • You must be either a permanent lawful resident or a conditional permanent lawful resident.
  • You must intend to leave the United States for a short period.
  • You must submit Form I-131 together with any required supporting paperwork.
  • Your re-entry permit application must be submitted while you are in the United States.
  • To enter the United States, you must complete the appropriate biometrics (digital fingerprint and digital picture).

5. How to apply for a re-entry permit

Here is a step-by-step breakdown of how to apply for a re-entry permit:

Step 1 – Hire an Immigration Lawyer

Although it is not necessary to engage with an immigration lawyer, it has several advantages. Your immigration attorney will evaluate and assess your case to determine whether a re-entry permit is the best choice for you. Your attorney will also organize and design a strategy for you.

Step 2 – File Form I-131

This form must be completed while in the United States and you must provide all supporting documentation together with Form I-131.

Step 3 – Complete Biometrics

Your biometrics must be collected within the United States. There are extremely limited cases when someone can attend their biometrics appointment outside of the United States.

6. Documents needed to apply for a re-entry permit

To be eligible for a re-entry permit, you must submit many papers in addition to your Form I-131. The documentation you must provide will be determined by the facts of your specific situation.

7. How long is the re-entry permit valid?

  • A re-entry permit is usually valid for two years from the date of issuance. In some cases, re-entry permission is valid for less than two years.
  • If you are a conditional lawful and permanent resident, your re-entry permission cannot be extended past the date your conditional lawful permanent residency will expire. As a result, your re-entry permit may be valid for fewer than two years in this scenario.
  • If you have been outside the United States for more than 4 years overall since becoming a lawful permanent resident, or within the past 5 years (whichever is shorter), your re-entry permission is limited to one year. This rule has just a few exceptions.

8. Conclusion

If you are a lawful permanent resident and want to go outside the United States for a year or more, you will almost certainly need to get re-entry permission. You can stay outside the United States for up to two years with a valid re-entry permit without losing your status as a lawful permanent resident. A re-entry permit can also be used to re-enter the U.S. after a year or longer absence.