How to Renew Your Reentry Permit

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Reentry Permit Guide

• Everything to Know to Get Your Reentry Permit

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In this guide, I will discuss what you need to
know to get your reentry permit.

• If you are a United States lawful permanent
  resident (green card holder), you have the right
  to live in the U.S. and travel freely outside of
  the U.S. However, certain types of travel can put
  your green card at risk. That is why if you are
  planning to travel outside of the U.S. for longer
  than 6 months, you should strongly consider
  applying for a reentry permit. A reentry permit
  is a travel document (similar to a passport)
  which helps protect your status as a lawful
  permanent resident.

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Overview

1. General Overview of the Reentry Permit
2. Benefits of a Reentry Permit
3. Situations Where You May Need a Reentry Permit
4. Requirements to Get a Reentry Permit
5. How to Apply for a Reentry Permit
6. Documents Needed to Apply for a Reentry Permit
7. How Long is a Reentry Permit Valid for?
8. Conclusion

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1. General Overview of the Reentry Permit

• A reentry permit is a travel document (similar to
  a passport) which allows U.S. lawful permanent
  residents to reenter the United States after
  extended periods of time spent outside of the
  United States. The reentry permit creates a legal
  presumption that a lawful permanent resident did
  not intend to abandon their status, despite being
  outside of the United States for an extended
  period.
• As a U.S. lawful permanent resident, you can
  typically travel in and out of the United States
  without any issues. When returning to the U.S.,
  in most cases, you would use your Form I-551
  (Green Card) to re-enter the United States.
  However, if youre traveling outside of the U.S.
  for a year or longer, your Green Card can no
  longer be used to re-enter the United States. You
  will either need a valid reentry permit to
  reenter the United States, or alternatively, you
  will need to apply for a returning resident visa
  (SB-1).
• To understand these concept, lets first discuss
  some of the rights and obligations of U.S. lawful
  permanent residents.

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Rights and Obligations of United States Lawful
Permanent Residents

• As a lawful permanent resident, you have several
  rights, including the right to permanently live
  and work in the USA.
• Your status as a lawful permanent resident must
  be maintained.
• Failure to maintain your lawful permanent
  resident status may result in your status being
  abandoned.
• One way to potentially abandon your lawful
  permanent resident status is through extended
  periods of travel abroad.

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Issues for Lawful Permanent Residents When
Traveling Outside of the United States

• As a lawful permanent resident, you are permitted
  to travel in and out of the United States.
• However, depending on how long you are outside of
  the United States, you may face certain
  consequences with respect to your status.
• Travel abroad for 6 months or less
• If your travel abroad is for 6 months or less
  (180 days or less), you should typically have no
  issues when returning to the U.S.
• Upon your return to the U.S., you are not treated
  as someone who is seeking admission into the
  United States.
• You are not required to prove that you have been
  maintaining your status as a lawful permanent
  resident.
• You can use your Form I-551 (Green Card) to
  re-enter the United States.
• Travel abroad for 6 months to a year
• If your travel abroad is for more than 180 days
  but less than a year, you may be subject to
  inspection upon return to the United States.
• You may be asked to prove that youve been
  maintaining your status as a lawful permanent
  resident.
• You can use your Form I-551 (Green Card) to
  re-enter the United States.
• Travel abroad for a year or longer
• If your travel abroad is for a year or longer,
  upon return to the United States, you must prove
  that youve maintained your status as a lawful
  permanent resident.
• Your Form I-551 (Green Card) cannot be used to
  re-enter the United States.
• You will either need a valid reentry permit to
  enter the U.S., or you will need to apply for a
  returning resident visa (SB-1).

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What Does a Reentry Permit Do?

• With a valid reentry permit, you can reenter the
  United States after staying outside of the U.S.
  for up to 2 years without having to get a
  returning resident visa.
• With a valid reentry permit, there is a legal
  presumption that you intended to maintain your
  status as a lawful permanent resident despite
  lengthy trips outside of the country.

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What is a Returning Resident Visa?

• If you are a lawful permanent resident, and you
  travel outside of the United States for a year or
  longer without having a valid reentry permit, you
  will need to apply for a returning resident visa,
  to reenter the United States. Your green card
  cannot be used to reenter the country.
• To get a returning resident visa you need to
  prove that
• You were a lawful permanent resident when you
  left the United States.
• When you left the United States, you intended to
  return to the United States.
• During your trip outside of the U.S., you
  maintained your intention to return to the USA.
• Your extended stay outside of the country was for
  reasons outside of your control.

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Important Note Regarding Reentry Permits

• A reentry permit creates a legal presumption that
  you did not intend to abandon your status as a
  lawful permanent resident. The government may
  overcome this presumption by providing clear,
  unequivocal, and convincing evidence to the
  contrary. So just because you have a reentry
  permit does not mean that you are guaranteed to
  maintain your status as a lawful permanent
  resident.
• Now that weve discussed some basic concepts,
  lets discuss the benefits of a reentry permit.

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2. Benefits of a Reentry Permit

• Travel With a reentry permit, you can leave the
  United States for extended periods and reenter
  the country without getting a returning resident
  visa.
• Maintain Status With a reentry permit, there is
  a presumption that you did not intend to abandon
  your status, despite extended periods spent
  outside of the United States.
• Travel Document If you are unable to get a
  passport from your home country, a reentry permit
  may function similar to a passport.
• If you plan to visit a country that will not
  honor the passport of your home country, you can
  use the reentry permit as a travel document
  similar to a passport.

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3. Situations Where You May Need a Reentry Permit

• Here are some common scenarios where a lawful
  permanent resident can benefit from having a
  reentry permit
• If you plan to stay outside of the United States
  for a year or longer. A reentry permit can be
  used to enter the US without a returning resident
  visa.
• If you spend a lot of time outside of the United
  States. Even if you do not stay abroad for a year
  or longer, spending extensive time outside of the
  USA may be questioned at the border. Your reentry
  permit will create a presumption that you did not
  intend to abandon your status.
• If you cannot get a passport from your home
  country. A reentry permit can work as a travel
  document (similar to a passport) allowing you to
  travel.

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4. Requirements to Get a Reentry Permit

• Here are the main requirements to get a reentry
  permit
• You must be either a lawful permanent resident or
  a conditional lawful permanent resident.
• You must intend to depart the United States
  temporarily.
• You must file a Form I-131 and provide all
  necessary supporting documentation.
• Your application for the reentry permit must be
  filed while you are in the United States.
• You must complete the required biometrics
  (digital fingerprint and digital photo) in the
  United States.

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5. How to Apply for a Reentry Permit

• Here is a step-by-step breakdown of how to apply
  for a reentry permit
• Hire an Immigration Lawyer
• File Form I-131
• Complete Biometrics
• Hire an Immigration Lawyer
• The first step you should take to get your
  reentry permit is to hire an immigration lawyer.
  While you are not required to have an immigration
  lawyer file your application for a reentry
  permit, working with an immigration lawyer has
  many benefits.
• Your immigration lawyer will review and analyze
  your situation to determine whether a reentry
  permit is the right option for you. Through this
  process, you may find out that a reentry permit
  is not appropriate for your situation or that an
  alternative course of action is more appropriate.
• Your immigration lawyer will also plan and
  develop a strategy regarding the timeline for
  when everything should take place. With reentry
  permits, timing is critical. You are required to
  be present in the United States during certain
  key phases of your reentry permit application.
  Your immigration lawyer will work with you to
  create a course of action that works for you
  based on your travel needs.
• If you have any questions about your specific
  situation, feel free to email me at
  Michael_at_AshooriLaw.com. Id be happy to answer
  your questions.
• File Form I-131
• Once it is determined that a reentry permit is
  the correct option for you based on your
  situation, the next step is to prepare and file
  the Form I-131. The Form I-131 is also called the
  Application for Travel Document. This is the
  form used to apply for a reentry permit. This
  form must be filed while you are in the United
  States.
• You should be careful to submit all necessary
  supporting documents along with the Form I-131.
• Complete Biometrics
• After you file your Form I-131, USCIS will
  require you to complete biometrics. At the
  biometrics appointment, your fingerprints are
  taken digitally.
• Your biometrics must be taken inside of the
  United States. In very limited circumstances,
  there are exceptions where someone can attend
  their biometrics appointment outside of the
  United States.

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6. Documents Needed to Apply for a Reentry Permit

• To qualify for a reentry permit, you must submit
  multiple documents along with your Form I-131.
  The documents you need to submit will depend on
  the facts of your particular case. Please contact
  me directly at Michael_at_AshooriLaw.com to discuss
  your case with you.

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7. How Long is a Reentry Permit Valid for?

• A reentry permit is typically valid for 2 years
  from the date it is issued. However, in certain
  situations, a reentry permit is valid for less
  than 2 years.
• Conditional lawful permanent residents If you
  are a conditional lawful permanent resident, your
  reentry permit cannot extend past the date your
  conditional lawful permanent residency will
  expire. So in this case, your reentry permit may
  be valid for less than 2 years.
• Lawful permanent residents who have spent
  considerable time outside of the US if since
  becoming a lawful permanent resident, or during
  the last 5 years (whichever is shorter), you have
  been outside of the USA for more than 4 years
  total, your reentry permit is limited to 1 year.
  There are limited exceptions to this rule.

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8. Conclusion

• If you are a lawful permanent resident and are
  planning to travel outside of the United States
  for a year or longer, you will likely need to get
  a reentry permit. With a valid reentry permit,
  you can stay outside of the United States for up
  to 2 years without abandoning your status as a
  lawful permanent resident. A reentry permit can
  also be used to reenter the US after absences of
  a year or longer, without the need for a reentry
  permit.
• If you have any questions about the reentry
  permit, or if you need help getting your reentry
  permit, email me directly at Michael_at_AshooriLaw.co
  m. Id be happy to answer your questions.
• Ashoori Law is a Los Angeles based immigration
  law firm. Got a question? Lets talk.

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Contact us today to learn how we can help you.
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Address 21700 Oxnard St, Suite 360 Woodland
Hills, CA 91367 Email Michael_at_AshooriLaw.com Ph
one 818-741-1117