Travel Safely as a U.S. Lawful Permanent Resident

As a U.S. lawful permanent resident (green card holder), you have the privilege to reside in the United States and travel freely outside its borders. However, extended travel outside the U.S. can jeopardize your green card status. To safeguard your status when planning trips lasting over six months, consider obtaining a reentry permit. This document, akin to a passport, helps preserve your lawful permanent resident status.

In this guide, we’ll provide you with essential information on acquiring a reentry permit.

General Overview of the Reentry Permit

A reentry permit serves as a travel document for lawful permanent residents, allowing them to reenter the United States after extended periods abroad. It establishes a legal presumption that you didn’t intend to abandon your status, even after lengthy stays outside the U.S.

Normally, as a lawful permanent resident, you can travel in and out of the U.S. without issues, using your Form I-551 (Green Card) to return. But if you plan to be outside the U.S. for a year or longer, your Green Card won’t suffice for reentry. You’ll need a valid reentry permit or a returning resident visa (SB-1).

Rights and Obligations of United States Lawful Permanent Residents

As a lawful permanent resident, you possess several rights, including the right to live and work permanently in the U.S. However, it’s crucial to maintain your status, as prolonged travel abroad may lead to status abandonment.

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

• Travel abroad for 6 months or less: Generally, you should encounter no problems when reentering the U.S. in this case. You can use your Green Card for reentry.

• Travel abroad for 6 months to a year: You may face inspection upon return and might need to prove your status maintenance. Nevertheless, your Green Card remains valid for reentry.

• Travel abroad for a year or longer: To reenter the U.S., you must prove continuous lawful permanent resident status. Your Green Card cannot be used. Instead, you’ll require a valid reentry permit or a returning resident visa (SB-1).

What Does a Reentry Permit Do?

A valid reentry permit permits reentry to the U.S. even after spending up to 2 years abroad, without the need for a returning resident visa. It establishes a legal presumption that you intended to maintain your lawful permanent resident status despite extended absences.

What is a Returning Resident Visa?

If you’re a lawful permanent resident and travel abroad for a year or more without a valid reentry permit, you must apply for a returning resident visa to reenter the U.S. Your Green Card cannot be used for reentry. To obtain this visa, you must prove your lawful permanent resident status, intent to return, continuous intention to return, and that your prolonged stay abroad was beyond your control.

Important Note Regarding Reentry Permits:

While a reentry permit establishes a presumption of non-abandonment of status, the government can challenge this presumption with “clear, unequivocal, and convincing evidence.” Thus, having a reentry permit doesn’t guarantee maintaining your lawful permanent resident status.

Benefits of a Reentry Permit

• Travel: A reentry permit allows extended travel outside the U.S. without needing a returning resident visa.

• Maintain Status: With a reentry permit, there’s a presumption that you didn’t intend to abandon your status despite lengthy absences.

• Travel Document: If obtaining a passport from your home country is problematic, a reentry permit can serve as a travel document, similar to a passport, for visiting countries not recognizing your home country’s passport.

Situations Where You May Need a Reentry Permit

Reentry permits are valuable in various scenarios:

• Staying outside the U.S. for a year or longer.
• Extended travel periods outside the U.S.
• Inability to acquire a passport from your home country.

Requirements to Get a Reentry Permit

To qualify for a reentry permit, you must meet these primary requirements:

• Be a lawful permanent resident or a conditional lawful permanent resident.
• Intend to depart the U.S. temporarily.
• File Form I-131 with all necessary supporting documents while in the U.S.
• Complete required biometrics (digital fingerprint and digital photo) within the U.S.

How to Apply for a Reentry Permit

The process for obtaining a reentry permit involves the following steps:

i. Hire an Immigration Lawyer

While not mandatory, working with an immigration lawyer can simplify the process. They can assess your situation and determine the suitability of a reentry permit or alternative options.

ii. File Form I-131

Prepare and submit Form I-131, the “Application for Travel Document,” while you’re in the U.S. This form is specifically for reentry permit applications. Ensure you include all required supporting documents.

iii. Complete Biometrics

Following your Form I-131 submission, USCIS will schedule your biometrics appointment, involving digital fingerprinting. Biometrics must be conducted within the U.S., with exceptions in limited circumstances.

Documents Needed to Apply for a Reentry Permit

The specific documents required for your reentry permit application depend on your unique circumstances. 

How Long is a Reentry Permit Valid for?

Reentry permits are typically valid for two years from the date of issuance. However, exceptions apply:

• Conditional lawful permanent residents: The reentry permit can’t extend beyond your conditional lawful permanent residency expiration date.

• Lawful permanent residents with extensive time abroad: If you’ve been outside the U.S. for over four years in the last five years since becoming a lawful permanent resident, your reentry permit is limited to one year, with limited exceptions.

Conclusion

If you plan to travel outside the U.S. for a year or more as a lawful permanent resident, obtaining a reentry permit is essential. With this permit, you can spend up to two years abroad without jeopardizing your status. It also serves as a reentry option after extended absences, without requiring a returning resident visa. However, keep in mind that a reentry permit doesn’t guarantee status maintenance, as the government can challenge its presumption.