A permanent resident who intends to depart the U.S. for more than one year should apply for a reentry permit to maintain permanent residence. A reentry permit does not prevent inquiry into whether the holder abandoned residency, refusal of admission, or placement in removal proceeding but it prevents a determination of abandonment based on the duration of the absence in itself.
Reentry permits have two primary purposes:
- to establish intention to retain permanent residence when a foreign national will be absent continuously from the U.S. for more than one year (but no more than two);
or
- to serve as a passport equivalent for U.S. permanent residents who do not have a foreign passport or for some other reason need a passport equivalent
Lawfully admitted permanent residents, who intends to depart temporarily from the United States may make apply for a permit to reenter the United States, by stating the length of intended absence or absences, and the reasons therefore. The Reentry Permit Application must be filed while in the United States and in status as a lawful permanent resident or conditional permanent resident. If not filed prior to departure, it must be filed with the USCIS Overseas District Director having jurisdiction, must be filed within one year of departure, and must include reasons why it was not filed before departure. Departure from the United States before a decision is made on an application for a reentry permit will not affect the application, as long as the Applicant is present in the U.S. for biometrics. If the person is not in the U.S. to do the biometrics, the permit may be denied as abandoned. One can travel out of the U.S. after applying but must return to the US for biometrics. Applicants with urgent travel plans can submit with the application a request to expedite that appointment. The Reentry Permit may be picked up at the consulate or overseas DHS office. Reentry permits may not be delivered to an applicant’s foreign address. The permits may only be delivered to the U.S. address of the applicant, the U.S. address of an authorized representative of the applicant (supported by a Form G-28), or a U.S. Embassy, Consulate, or DHS office abroad.
LPRs who are “stateless” or unable to obtain a passport from the country of their nationality may apply for a reentry permit for use as a travel document. An LPR may also apply for a reentry permit because they need a reentry permit to visit a certain country because that country will not honor a passport of the resident’s country of nationality.
USCIS must determine if the applicant’s absence will be temporary through a review of the record of and considering factors such as the applicant’s previous absences, the length of an intended absence, motive for departure, location of applicant’s job, date of intended return, and whether the applicant has ties (property, family, employment, etc.) in the U.S. An applicant’s location of employment is a factor considered when determining if the applicant intends to depart the U.S. temporarily. If an applicant ever claimed nonresident alien status for Federal income tax purposes since becoming a permanent resident it may lead to a denial of the reentry permit. If the departure from the United States would not be contrary to the interests of the United States, USCIS has the discretion, to issue a permit, which shall be valid for not more than two years from the date of issuance and shall not be renewable, but one may return to the U.S. to apply for a new re-entry permit. If the applicant has been outside the U.S. for an aggregate of four years since becoming a permanent resident or four of the last five years, the validity period of the reentry permit will be limited to one year, unless the LPR falls within some limited exceptions. A Conditional Permanent Resident may apply for and be issued a Reentry Permit, just like any other Lawful Permanent Resident. (However, the permit may not be valid beyond the date on which the Conditional Resident’s status will expire unless the applicant has filed a Form I-751 and it has been granted) During the period of validity, such a permit may be used to make one or more applications for re-entry into the United States. The permit shall be accepted in place of any otherwise required visa and show that the LPR to whom it was issued is returning from a temporary visit abroad. Possession of a reentry permit does not prevent a finding of abandonment of residency but prevents a finding of abandonment based solely on the duration of an absence or absences while the permit is valid. Upon the expiration of its validity, the permit should be surrendered. Obtaining a reentry permit does not preserve an alien’s U.S. residence for naturalization purposes, and an LPR filing for a re-entry permit should consider a simultaneous Form N-470, Application to Preserve Residence for Naturalization Purposes.
When an application for a reentry permit is denied on the ground that the applicant had abandoned lawful permanent resident status, and the applicant is within the U.S., USCIS may refer the case to Investigations for consideration of instituting expulsion proceedings on the ground that the LPR was not admissible as a returning resident at the time of last entry. If the applicant is abroad and it appears that there may be an attempt to return to the U.S., USCIS may post a lookout notice, or notify the port of entry if the date, place and manner of proposed reentry are known.