Reentry Permits for Extended Absences Abroad

Becoming a lawful permanent resident (LPR) and obtaining a green card affords an individual many benefits, including the ability to freely travel to and from the United States. However, an LPR’s ability to travel and remain outside of the U.S. is not without limit. If an LPR anticipates remaining outside of the U.S. for an extended period, it may be necessary or advisable to apply for a reentry permit prior to departure.

Reentry Permit Serves Many Purposes

A reentry permit may help achieve different goals, depending on one’s circumstances. First, an LPR’s green card typically serves as a travel document for entering the U.S. If, however, an LPR remains outside of the U.S. for more than one year, the green card is no longer considered a valid travel document and the individual typically is required to have a reentry permit to return to the U.S. If the person does not have a reentry permit, there may be other options, such as applying for an SB1, as discussed in the MurthyDotCom InfoArticle, SB1 Visa Process Following Prolonged Absence for Green Card Holders (08.Jun.2022). Proactively applying for a reentry permit prior to departing the U.S. is a far safer option, however.

Second, a reentry permit can serve as evidence to rebut a presumption of LPR abandonment, which can occur if an LPR remains outside of the U.S. for an extended period, as explained in the MurthyDotCom InfoArticle, Extended Travel by a Permanent Resident, Part 1 and Part 2. Finally, an individual seeking to naturalize must demonstrate continuous residence in the U.S. for a certain duration, among other requirements, as explained in the MurthyDotCom InfoArticle, Basic Eligibility Requirements for Naturalization (17.Jun.2024). But, as the InfoArticle article goes on to explain, a naturalization applicant must also avoid individual trips outside the country of one year or longer, and having a reentry permit does not shield one against this requirement.

Reentry Permit Eligibility Criteria

To apply for a reentry permit, an LPR must file form I-131, application for travel documents, parole documents, and arrival / departure records, with the U.S. Citizenship and Immigration Services (USCIS). An individual must be physically present in the U.S. when the reentry permit application is filed. The applicant must demonstrate a bona fide reason for the anticipated extended absence from the U.S., such as to care for an elderly parent, to be with a child who is completing schooling, or for financial considerations. The individual also may need to demonstrate that the extended absence will be temporary.

Validity Period of a Reentry Permit

An initial reentry permit generally is issued for a two-year validity period. However, if the applicant has been outside the U.S. since becoming an LPR for more than four of the five years preceding the filing of the application, then the reentry permit will be limited to one year. A conditional permanent resident also may apply for a reentry permit, but the USCIS will limit the validity period to the individual’s conditional residence period. A reentry permit can be used for multiple entries.

A reentry permit cannot be renewed or extended. But, when a reentry permit expires, an individual can apply for another reentry permit if the individual must continue to remain outside of the U.S. However, approval of a reentry permit is discretionary, and although there is no limit on the number of reentry permits for which an individual can apply, the USCIS may not issue a reentry permit if an individual’s stay abroad no longer appears temporary.

Conclusion

Most LPRs want to make the U.S. a permanent home. However, an individual’s circumstances may require that the LPR leave the U.S. for an extended period. In such cases, applying for a reentry permit may be a critical step to preserving an individual’s ability to return to the U.S. and to maintain lawful permanent resident status. The attorneys at the Murthy Law Firm routinely file reentry permit applications and are available to help find the best strategy for an individual’s particular circumstances.

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