To get a reentry permit, file Form I-131 with USCIS at least 60 days before traveling, along with your green card, passport, and supporting documents.
A reentry permit is an American travel document for green card holders who may need to be outside the United States for more than six months every year. This permit is essential for lawful permanent residents who plan to stay outside the U.S. for an extended period, or even those with the potential to need to take care of a family member or circumstance abroad, without the government questioning their intentions concerning maintaining their physical presence requirements for the green card. With the protection of a reentry permit, you can avoid unintentionally abandoning your green card status or needing to file for a special SB-1 visa to regain your green card status.
Now, let’s explore a reentry permit, why it’s essential, and how to obtain one.
What is The Reentry Permit?
A reentry permit is known as a travel document for green card holders. It allows them to reenter the U.S. after being abroad for up to two years without losing their permanent resident status.
Difference Between a Reentry Permit and a Green Card
While a green card shows that you are an LPR (lawful permanent resident) of the U.S., a reentry permit is a document for those who must travel more than six (6) months each solar year. The green card alone may not protect your status if you stay outside the U.S. for too long, but a reentry permit helps maintain your status during extended travel. It can also help you avoid being pulled into secondary inspection and facing hours of interrogation about your intention to keep your residency in the United States.
Who Needs a Reentry Permit?
Lawful Permanent Residents Planning to Stay Outside the U.S. for an Extended Period
Lawful permanent residents who plan to stay outside the U.S. for more than a year but less than two years or those who may need to in the future (e.g., elderly or sick family members, business abroad, personal health issues you prefer to treat abroad, minor children living abroad), need a reentry permit. It helps them maintain their green card status.
Situations Where a Reentry Permit is Necessary
- Work Assignments Abroad: If your job requires you to work outside the U.S. for an extended period, a reentry permit ensures you can return without issues.
- Education: Students studying abroad need a reentry permit to maintain their U.S. residency.
- Family Matters: If you need to take care of family business or medical issues for yourself, where procedures or insurance may be cheaper, or for a family member in another country, a reentry permit is essential. Even if your elderly family member is stable right now but you’re concerned their condition could worsen, it will give you peace of mind to file for the reentry permit.
- Travel: Extended travel for personal reasons, like exploring the world or taking care of properties, requires a reentry permit to safeguard your resident status.
- Business Ventures: Engaging in long-term business projects or owning a business outside the U.S. necessitates a reentry permit to ensure smooth reentry.
Requirements to Get a Reentry Permit
Eligibility Criteria (Lawful Permanent Residents)
To obtain a reentry permit, you must be a permanent resident of the U.S., meaning you hold a valid green card. You should apply for the permit before leaving the U.S. for your extended stay, and you must be inside the United States when your receipt notice is issued.
Documents Needed to Apply
When applying for a reentry permit, you need several documents:
- Green Card: Proof of your residency.
- Passport: A valid passport for identification.
- Photos: Passport-sized photos as per USCIS guidelines.
- Form I-131: Application for Travel Document.
- Supporting Documents: Any documents that support your reason for travel, such as a job offer letter, school admission letter, or medical records that support your need to remain outside the U.S. for longer than six months in a year.
Remember to translate any documents that are outside of English.
Filling Form I-131
You must submit Form I-131 to USCIS for a reentry permit application. This form requires you to provide:
- Personal information (name, address, A-number)
- Details about your planned travel
- The explanation for the reason for the extended stay outside the U.S.
- The filing fee is $630.
Make sure to complete the form accurately and provide all required information to avoid delays in processing.
If you need help filing the application or proving your Case, contact Immigration Lawyers USA for a hand to hold throughout the process.
Scheduling and Attending the Biometrics Appointment
Once USCIS receives your Form I-131, they will schedule a biometrics appointment. A notice will sent to you, including the date, time, and location. Join the appointment at the specified Application Support Center (ASC) with a copy of your I.D. and the appointment notice.
Information on What to Expect During The Biometrics Process
During the biometrics appointment, USCIS will collect your fingerprints, photographs, and signatures. Bring the appointment notice, your green card, and a valid photo I.D. (like a passport).
The process is straightforward and usually takes about 20 minutes. This part is vital for verifying your identity and running your background check to process your reentry permit application.
When to Apply for a Reentry Permit?
Recommended Time Frame for Application
Apply for your reentry permit at least 90 days before your planned departure. This will allow USCIS enough time to process your application and schedule your biometrics appointment.
Considerations for Timely Submission
- Travel Plans: Ensure you apply well in advance to avoid delays that could affect your travel schedule.
- USCIS Processing Times: Factor in the time USCIS needs to process your application and schedule your biometrics. After that, you must wait for the Case to be adjudicated, which takes 10-15 months.
- Validity Period: The reentry permit is valid for up to two years, so plan your application accordingly to cover your time abroad. Remember that you will still need roughly six months per year inside the U.S. for the three or 5-year period if you are planning to file for citizenship.
Applying early helps ensure you receive your reentry permit before your departure, preventing disruptions in your travel plans.
Cost of a Reentry Permit
Application Fee
The application fee for Form I-131 is $630. This fee is required when you submit your application for a reentry permit.
Additional Costs
In addition to the filing fee, you would need to pay a lawyer’s attorney fees if you seek professional help, giving you the best chance for approval.
How to Check the Status of Your Reentry Permit Application
You can check the status of your reentry permit application online through the USCIS website and navigate to both “Check Case Status” and “Check Processing Times.”
Steps to Follow Up and Information Required
- Visit the USCIS Case Status Page: Go to USCIS Case Status Online.
- Enter Your Receipt Number: Find the receipt number on the notice you received from USCIS after submitting your Form I-131.
- Check Status: Enter the receipt number in the provided field and click “Check Status” to see the current status of your application. Ensure your receipt number is handy, as it is essential for checking your case status.
- Check Processing Times: Fill in Case Type as Reentry Permit under I131 Application.
- File an Inquiry if the Case is outside of Processing Times: If your Case has been pending longer than current regular processing times, you can complain with an inquiry online or by phone. You must follow up monthly to ensure the government answers your inquiry.
Talk to a lawyer if you need to consider filing a Mandamus Lawsuit.
Validity and Expiration of a Reentry Permit
Typical Validity Period of a Reentry Permit
Usually, a reentry permit is valid for up to two years from the date of issuance. That means you can stay outside the U.S. for up to two years without risking your permanent resident status.
Conditions for Renewal or Extension
You cannot extend a reentry permit. Instead, you must apply for a new one before the license expires. Make sure to be in the U.S. when you file the new application. Frequent travelers should apply for new permits to ensure continuous travel without jeopardizing their status.
Reentry Permit FAQs
Can You Extend a Reentry Permit?
You cannot extend a reentry permit. You need to apply for a new one before the current license expires. Ensure you are in the U.S. when applying.
What if I Must Leave the U.S. Before Filing Form I-131?
If you must leave before filing, you may face challenges reentering. To avoid complications when trying to reenter the U.S., it’s best to file Form I-131 as soon as you know you may need to be outside the U.S. longer than six months in a year. It would help if you stayed inside the U.S. until you received the receipt notice and returned for the biometrics appointment. You will need someone who regularly checks your mail or a mail service.
Do I Need to Turn in My Old Permit When Filing for a New One?
No, you do not need to turn in your old permit. You can keep your current license until the new one is issued, and after that, you can throw away or archive your old one.
Can I File Form I-131 While Outside the U.S.?
You must present in person when filling out Form I-131 because filling out of the USA is not allowed here.
What Happens if I Leave the U.S. While My Form I-131 is Pending?
Leaving the U.S. while your Form I-131 is pending can cause issues if you do not have a reliable source checking your mail or if it was denied. It’s recommended to stay in the U.S. for at least six months each year until your application is approved.
How Many Times Can I Apply for a Reentry Permit?
There is no limit. Apply as needed, especially if you travel frequently.
Does The Reentry Permit Protect My Green Card from Abandonment?
A reentry permit can help protect your green card from being considered abandoned. It allows you to stay abroad for up to two years without losing your resident status as long as you maintain ties to the U.S. For example, filing taxes, keeping bills, an apartment property, visiting family members, etc.
When Can I File for Citizenship If I File for a Reentry Permit?
You must obtain a reentry permit to complete your citizenship application on time. Extended stays outside the U.S., even with a reentry permit, can interrupt the continuous residence requirement for naturalization, potentially delaying your eligibility until you can dedicate to approximately six months per solar year.
Conclusion
Obtaining a reentry permit is crucial for lawful permanent residents planning extended stays outside the U.S. It ensures you maintain your green card status and reenter the U.S. smoothly. The process involves preparing your application, attending a biometrics appointment, and understanding the associated costs and timelines.
