Maintaining Permanent Resident Status and Use of a Reentry Permit

The COVID-19 global pandemic has created significant overseas travel restrictions and difficulties. For a lawful permanent resident (LPR) who is abroad, it is much more difficult to return home to the US on a regular basis or in a timely manner.

Legal Considerations

Please be advised that the green card is valid as a travel document for absences of up to one year per occurrence. That is, even if the green card is valid for 10 years, it will be considered to be invalid as a travel document if an LPR has not returned to the US for more than one year.

Moreover, an LPR may be suspected of abandoning LPR status if one has been outside the U.S. for a continuous period of more than 180 days.

Therefore, while it is recommended for an LPR to keep overseas trips to less than 180 days, it is absolutely critical for the LPR to return home within a 1 year period. If an LPR expects to be abroad for more than one year or to spend the majority of the year abroad, then obtaining a reentry permit is recommended.

What is a Reentry Permit?

A reentry permit establishes that an LPR did not intend to abandon one’s permanent resident status and allows the LPR to maintain U.S. residence when traveling abroad for periods of up to 2 years.

How do you obtain a Reentry Permit?

It is critical to remember that an LPR must be physically present in the U.S. at the time of filing the Form I-131 application requesting a reentry permit. There is no exception. However, once the application is filed, departing the Unites States before a decision is made on a re-entry permit application will not affect the application.

A re-entry permit may be sent to a U.S. Embassy or Consulate abroad for the LPR to pick up, if it is requested on the application.

After filing, USCIS may request or waive a biometrics appointment. If a biometrics appointment is scheduled, the LPR must fulfill it at the designated time and place, which is generally the nearest ASC center from the address one provides in the I-131 application.

In the past, ASC centers would generally accept applicants who had appointments at other locations. However, since COVID-19, ASC centers have become strict in adhering to the scheduled time and place. A Reentry Permit is generally granted for periods of up to two years. However, an LPR that has been outside of the U.S. for more than four of the last five years since becoming an LPR will generally only be granted a one-year Reentry Permit.

Any impact on Naturalization?

Filing an application for a reentry permit has no effect on naturalization. Some mistakenly believe if one obtains a reentry permit, one is precluded from applying for naturalization. It is simply not true.

Conversely, some believe having a reentry permit allows one to count one’s stay abroad towards the physical presence requirement for naturalization. It is also not true.

In summary, a reentry permit is a useful tool to have for LPRs planning for long-term temporary travel outside the U.S. It is important to note the requirements in advance of any planned travel in order to maintain LPR status.

Copyright. Judy J. Chang, Esq. All Rights Reserved. 04/12/2021

The information contained in article is provided for general information only and should not serve as a substitute for legal advice.