The Reentry Permit for Green Card Holders Living Abroad

Green Card holders, or lawful permanent residents, are generally able to live and work in the United States indefinitely. However, trips abroad of more than six months can lead to a presumption that the Green Card holder has abandoned their permanent resident status.

Therefore, USCIS has an application called the Reentry Permit for green card holders that may need to be abroad for an extended period of time. If a Green Card holder plans to leave the U.S. for an extended period, it’s crucial to understand the importance of the Form I-131 Reentry Permit.

What is the Re-Entry Permit:

The Form I-131 Reentry Permit serves as a travel document that allows Green Card holders to apply for admission to the U.S. after traveling abroad for periods longer than 6 months but less than two years. This permit is essential for those who need to leave the U.S. for certain reasons, such as work assignments, study, or family matters, without risking the abandonment of their permanent resident status.

Importance of Applying for a Reentry Permit:

Not having a Reentry Permit can have significant consequences for Green Card holders who travel outside the United States for extended periods.

These consequences can include:

• Abandonment of Permanent Residency: If you leave the U.S. for over a year without a Reentry Permit, you will likely be considered to have abandoned your permanent resident status. This could result in being denied reentry into the U.S. Trips longer than 6 months abroad, but less than 1 year aboard have a presumption of abandonment, which can be overcome by showing your ties to the United States.
• Longer Re-entry Screening: Without a Reentry Permit, you may face longer screening and questioning by Customs and Border Protection (CBP) officers when attempting to reenter the U.S. If the CBP officers are unsatisfied, they may refer you to an immigration court for removal proceedings.
• Difficulty Obtaining a Returning Resident Visa: If you do not have a valid Reentry Permit and leave the U.S. for over a year, you would need to apply for a returning resident visa (SB-1) to re-enter the U.S., which can be very difficult to obtain.

Applying for the Reentry Permit

To apply for the Reentry Permit, Green Card holders must file Form I-131, Application for Travel Document, with the U.S. Citizenship and Immigration Services (USCIS) before leaving the country. The application process involves submitting the form along with the necessary supporting documents and the filing fee.

Applicants are also required to attend a biometrics appointment, where fingerprints and photographs are taken for identification purposes. If USCIS already has biometrics on file, they may issue a notice stating that they can reuse your existing biometrics. It’s important to note that the application must be filed while the applicant is physically present in the U.S., but once the application has been received by USCIS, the applicant can travel abroad while the application is pending.

Validity and Renewal

The Reentry Permit is typically valid for two years from the date of issuance. It can be extended by filing another I-131 reentry permit application, so the green card holder must return to the U.S. within that period or apply for a new permit if they plan to stay abroad longer.

Reentry Permit and Naturalization

While the reentry permit allows green card holders to remain abroad for up to a 2-year period at a time, this does not excuse the physical presence requirements that green card holders need to have to be eligible to apply for naturalization. In most cases, to be eligible to apply for Naturalization, a green card holder needs to show that they do not have any trips outside the U.S. for longer than 6 months at a time, and that they have spent at least half of their qualifying period within the U.S.

So, while the reentry permit allows the lawful permanent resident to remain abroad without abandoning their green card, it may preclude them from being eligible to apply for Naturalization until they meet the necessary requirements of their physical presence within the United States.

Conclusion

The Form I-131 Reentry Permit is a vital tool for Green Card holders who need to travel outside the U.S. for extended periods. By obtaining this permit, they can protect their status as lawful permanent residents and feel secure in their ability to return to the U.S. without complications.

Please contact the attorneys at MMH to provide you with the expertise needed for you apply for the reentry permit.