Re-Entry Permit Attorney Serving Clients in Chicago, ILr
Assisting Individuals with Re-Entry Back into the United States
Individuals who have obtained permanent resident status may think that they can enter and leave the U.S. as any other citizen is allowed to do. However, often, this is not the case, depending on the circumstances that took them outside of the U.S.
The U.S. government has strict rules that can lead to even those who have satisfied permanent residency requirements still being denied re-entry into the country. When this occurs, the lawful permanent resident may be required to petition for a re-entry permit to be allowed to come back to the United States.
If you or a family member have been denied re-entry into the U.S., you must hire an experienced lawyer to assist you with USCIS immigration services. Failure to hire a lawyer can result in unnecessary delays that prevent you from resuming your life.
Contact Gilliam Law and ask to schedule a Case Consult to discuss your case and learn what legal options may be available.
Why Would a Green Card Holder Be Denied Re-Entry Into the U.S.?
Several scenarios could occur that would lead to a green card holder, also called a permanent resident, being denied re-entry into the U.S. These possible situations include:
- The individual has been absent from the U.S. for more than a year.
- The individual has been absent for less than a year and has taken up legal residence in another country.
However, if you plan on being out of the country for an extended period, applying for a re-entry permit is best. Additionally, individuals should be advised that a former re-entry permit is not eligible for renewal.
If you need more clarification regarding what would facilitate you needing a permit to re-enter the country, contact Gilliam Law to schedule a meeting with our knowledgeable attorney, who can answer your immigration law questions.
Our immigration lawyer can provide you with the information you need to make informed choices if you must leave the U.S. for an extended period of time.
How Long Can Someone with Lawful Permanent Residence in the U.S. Stay Outside the Country?
The length of time that someone with lawful permanent residence can remain outside of the United States while maintaining their immigration status depends on several factors.
A trip to a foreign country that lasts longer than six months raises red flags with U.S. government officials, as this may convey to the United States government that you mean to abandon your residency and permanent resident card status. Green card holders who stay outside of the United States for more than 12 consecutive months cannot hope to maintain their legal permanent resident status. To re-enter the United States after a year abroad, a green card holder must apply for a re-entry permit with the USCIS prior to leaving the United States. In most cases, re-entry permits are valid for two years from the date of issuance.
Some specific rules and regulations dictate how long green card holders are allowed to stay outside of the United States for any length of time. If you are traveling or living abroad for an extended period of time, it is highly recommended that you first consult with an experienced immigration attorney to determine the length at which you are allowed to remain in a foreign country without compromising your immigration status. If you fail to meet the requirements, you could have your green card canceled and be subject to removal proceedings from the United States of America.
What Are Typically Acceptable Reasons for Legal Permanent Residents to Be Out of the U.S. for an Extended Period of Time?
There may be several valid reasons why green card holders must leave the USA to travel abroad. So long as they return within a certain length of time, there should be no issues. However, those who remain outside the USA for extended periods may require re-entry permits when they seek to return to the US.
Common reasons for extended stays overseas and in foreign countries include the following:
- Studying abroad on an international student visa
- Your employment requires you to travel abroad
- After a prolonged separation from a family member, including potentially minor children, you wished to travel abroad to be their caregiver
- You join the United States Armed Forces as a green card holder and are assigned to duty outside of the US
Whatever your reason for traveling to a foreign nation, you must have the proper travel documents to ensure a safe and streamlined re-entry into the United States of America. Failure to acquire the proper documents beforehand could result in a very challenging process when you seek to return to the USA.
What Are the Benefits of a Re-Entry Permit?
When an applicant obtains a re-entry permit, it demonstrates that they do not intend to abandon their legal resident status. If granted, the permit also allows individuals to apply for admission to the U.S. after leaving the country for up to two years without needing a returning resident visa.
Another significant advantage of a re-entry permit is that it can replace a passport from the individual’s home country. In many cases, countries that accept the re-entry permit will stamp it like a passport. However, individuals traveling to foreign destinations should always confirm ahead of time that the permit is an acceptable travel document.
Anyone who wishes to obtain a re-entry permit must file Form I-131, Application for Travel Document. Additionally, an applicant must pay a biometric and re-entry permit fee. Individuals who plan to travel abroad should be advised that they need to apply for a re-entry permit well ahead of time to ensure they can obtain a biometrics appointment before their departure date.
The average re-entry permit processing time takes anywhere from two to five months to complete. Therefore, it is smart to speak with Chicago immigration attorneys who can assist you with citizenship and immigration services.
What is the Immigration Process for Obtaining a Re-Entry Permit?
To obtain a re-entry permit, a green card holder must file Form I-131 with all the required supporting documentation, filing fees, and photographs. The processing time for a re-entry permit can take several months, so it is wise to start this process early.
Those who intend to travel or live outside the country for more than five months in a calendar year must acquire a visitor visa. If you do not acquire a visitor visa, you could lose your green card status based on the government’s assumption of abandonment of intention.
You must be physically present in the United States of America when filing your application for a re-entry permit. Your re-entry permit application may be denied if you have already departed the US before your biometrics appointment. If you have a valid reason, you have the option to request that your biometrics appointment be expedited.
Why Should You Hire a Chicago Re-Entry Permit Lawyer?
Hiring an immigration lawyer can help ease your mind about returning to the United States after being gone for a significant amount of time. Although individuals can apply for a re-entry permit independently, it is in your best interests to hire an immigration lawyer to assist you. Immigration law is complicated, and the paperwork that must be completed can often be confusing.
If the paperwork is filled out incorrectly or is incomplete, it may cause you to experience unnecessary delays. An immigration attorney can assist you with the paperwork and ensure it is turned in promptly.
Furthermore, depending on your personal situation and why you must leave the country for an extended period, an attorney can handle any complex situations and ensure you remain compliant with immigration laws.
Obtaining a re-entry permit takes a great deal of time and should never be put off until the last minute. If you are concerned about your ability to re-enter the country, contact Gilliam Law in Chicago immediately.
How Can Our Chicago Immigration Law Firm Help You Pursue Your Immigration Goals?
At Gilliam Law, our legal team recognizes that not all immigration cases are the same. As a result, our law firm dedicates itself to creating custom-tailored strategies to meet our client’s needs.
When you trust us to help with your immigration journey, we will provide you with the legal advice you need to make well-informed decisions. We understand that often there may be a need for individuals to leave the country for an extended period of time to help elderly parents or family members who still live in their home country or to conduct business abroad.
Regardless of your legal needs, our highly trained immigration lawyer can help you feel confident that you will be able to re-enter the country without any legal issues. We are happy to help clients through every step of the re-entry permit application process to help them save time and money. Additionally, we are always available to answer any questions or address your concerns.
Schedule a Free Case Evaluation with a Knowledgeable Chicago Immigration Attorney Today
Gilliam Law has extensive experience helping permanent residents obtain re-entry permits and ensuring they can return home when their business is finished outside the country.
Our Chicago immigration law firm has years of experience representing clients in immigration courts in a variety of legal matters, including acquiring conditional resident green cards, the naturalization process, obtaining non-immigrant visas, filing for an adjustment of status, family reunification, and the pursuit of the individual’s idea of the American dream. As your legal representative, our law firm would be proud to represent your interests so that you can re-enter the United States after having spent time abroad. The process can be complicated, lengthy, and fraught with pitfalls, so you are strongly encouraged to retain professional legal counsel when applying for your re-entry permit.
If you want more information on immigration legal services Gilliam Law can provide, contact our Chicago, Illinois law offices at 866-511-3422 and ask to schedule a free case evaluation to discuss your needs.
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