Re-Entry Permits—Do not forget

By: Nicole C. Dillard, Esq. The months of November and December are traditionally heavy travel months. Most nonimmigrants are aware that they are to apply for their travel documents, most commonly advance parole documents, if they plan to re-enter the U.S. without a visa. However, oftentimes, Lawful Permanent Residents (LPR) will ask what they should do if they must be out of the United States for more than one year. Generally speaking, once a person obtains permanent residency, if they are out of the U.S. for more than one year, the Department of Homeland Security takes the position that their residency has been abandoned (which can lead to a person losing their permanent residency status). One’s permanent residence can also be abandoned if they have been absent from the U.S. for less than one year, but have taken up residence in another country. Additionally, there is a presumption of abandonment if a person has been continuously absent from the United States for more than six months, but the burden is on the permanent resident to establish that their stay abroad was only temporary. It is also important to note that merely returning to the U.S. once a year for a few days or even very often does not “automatically revalidate” a green card where the LPR actually resides abroad. The Department of Homeland Security can independently determine that LPR status has been abandoned. In many cases, permanent residents are aware when they will have to be out of the U.S. for more than one year. In those cases, the permanent residents should apply for a Re-Entry Permit. A re-entry permit can help prevent two types of problems: (1) The Permanent Resident Card becoming technically invalid for re-entry into the United States if the LPR is absent from the U.S. for 1 year or more; (2) U.S. permanent residence being considered as abandoned for absences shorter than one year, if the LPR takes up residence in another country. A Re-Entry permit establishes a presumption that the LPR did not abandon status. LPRs use re-entry permits to re-enter the U.S. after travel of one year or more. For permanent residents returning to the U.S., re-entry permits are generally valid for two-years form the date of issuance of the re-entry permit. Although re-entry permits are not renewable, the LPR may return to the U.S. and apply for a new re-entry permit for another two years. Re-entry permits, in some cases, can be applied for up to 6 years. The LPR should apply for this benefit BEFORE leaving the United States. Unlike the advance parole document, which now has to be applied for and received before departing the United States, current U.S. law only requires that the permanent resident apply for the re-entry permit before departing the U.S. The USCIS may be able to send the re-entry permit to the U.S. Consulate or Embassy in the country you plan on visiting, but this will need to be specified on the form when requesting the re-entry permit. If this option is chosen, applicants should contact the US. Consulate or Embassy in the country where you are traveling to provide them with your contact information so that they may contact you when your application is approved and the permit has arrived. If extended travel beyond the period allocated by the re-entry permit is required, LPRs should apply for a “special immigrant visa” at the consulate abroad. In these types of cases, the LPR applicant must demonstrate that the protracted stay was for reasons beyond the applicant’s control. ______________________________________________________________________________ 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]