Planning for an extended trip outside the United States can be exciting. Whether it’s for work, study, or an extended family visit, the thought of leaving for a while brings a mix of anticipation and logistics. However, for U.S. permanent residents, staying abroad for long periods can complicate their immigration status. That’s where securing a re-entry permit comes into play.
A re-entry permit is essential for permanent residents planning to stay outside the country for an extended time, usually more than six months but less than two years. Without it, your return to the U.S. could result in complications or, worse, the potential loss of your permanent residency.
What Is a Re-entry Permit and Why Do You Need One?
A re-entry permit is a travel document issued by U.S. Citizenship and Immigration Services (USCIS) that allows U.S. permanent residents (Green Card holders) to leave the United States for extended periods without risking their permanent residency. This document acts like a safety net, giving the holder permission to re-enter the U.S. after prolonged stays abroad without being presumed to have abandoned their residency.
Understanding Re-Entry
U.S. law assumes that a Green Card holder lives primarily in the United States. When a permanent resident stays outside the U.S. for over a year, they might be seen as abandoning their status, leading to issues upon re-entry. Even trips longer than six months can raise eyebrows, potentially triggering scrutiny or leading to questions about your intent to maintain U.S. residency. A re-entry permit helps prevent these complications. It’s like having proof in your pocket that your stay abroad was always meant to be temporary and that the U.S. is still your primary residence.
When Should You Apply for a Re-entry Permit?
Timing is everything when applying for a re-entry permit. Ideally, you should apply before leaving the United States, which is crucial because the application process requires you to be physically present in the U.S. when filing. If you leave the country before applying, you won’t be able to submit the necessary forms or complete the biometrics process.
A re-entry permit is valid for up to two years, and applying well in advance of your departure gives you ample time to navigate the steps without rushing. If you’re planning to leave for an extended period due to business, family, or personal reasons, it’s a good idea to apply at least 60 to 90 days before your planned travel date.
How to Apply for a Re-entry Permit
The process of applying for a re-entry permit is relatively straightforward but requires attention to detail to avoid delays or mistakes. The process starts with filing Form I-131, Application for Travel Document, with USCIS.
Here’s a closer look at each step:
Step 1: Filing Form I-131
The first step in securing a re-entry permit is to file Form I-131. You can download the form from the USCIS website and fill it out either online or by hand. When completing the form, you’ll need to provide personal information such as your Alien Registration Number (A-Number), details about your planned trip, and an explanation of why you need the permit.
Step 2: Paying the Filing Fee
Once you’ve filled out the form, you will need to pay the filing fee. As of 2024, the fee for filing Form I-131 is $575, plus an additional $85 for biometrics services, making the total cost $660. This fee is non-refundable, so it’s important to make sure all your documents are correct before submitting them.
Step 3: Scheduling Biometrics
After USCIS receives your application, you will be required to attend a biometrics appointment. During this appointment, they will collect your fingerprints, photo, and signature. The biometrics appointment is a necessary part of the process, and you must be physically present in the U.S. for this step.
You’ll receive a notice from USCIS with the date, time, and location of your appointment. It’s critical not to miss this step because your application won’t move forward without it. If you have already left the U.S. when this notice is sent, you’ll need to return to attend the appointment.
After You Apply: What to Expect
Processing times for re-entry permits can vary depending on the caseload at the USCIS office handling your application, but it generally takes between two to five months. During this period, USCIS may send you additional requests for information or clarification, known as Requests for Evidence (RFE). Be sure to respond to any RFEs promptly, as failing to do so could delay or even lead to the denial of your application.
How Long Is a Re-entry Permit Valid?
A re-entry permit is typically valid for up to two years from the date it is issued. It allows you to travel and stay outside the U.S. for extended periods, but it is not renewable. If you anticipate needing more than two years abroad, you’ll need to return to the U.S., apply for a new re-entry permit, and repeat the process.
Seek Legal Guidance
Whether you’re leaving the U.S. for work, education, or personal reasons, having a lawyer help with applying for your re-entry permit offers peace of mind, allowing you to focus on your journey without worrying about your return.
Start making a plan for your travel today and ensure your immigration process is protected by calling Gilliam Law at 866-511-3422 to schedule a case evaluation. Our team can assist you and your family with all areas of immigration law.
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866-511-3422