As a green card holder, you are afforded the right to reside and work in the United States permanently. However, you are not granted the same rights as U.S. citizens. Therefore, there are certain limitations when it comes to traveling outside of the country for extended periods. In most cases, you will need to obtain a reentry permit to protect your legal status. Please continue reading as we explore what you should know about these matters and why connecting with our knowledgeable Essex County Green Card Attorneys is in your best interest.
What is a Reentry Permit?
While green card holders are free to travel abroad, they can run into issues if they spend more than a year at a time outside of the U.S. Unfortunately, this could be perceived by the United States Citizenship and Immigration Services (USCIS) as abandoning your green card status. To prevent this, you need to request a reentry permit well in advance of any lengthy planned trips.
A reentry permit is a travel document that is reserved for lawful permanent residents (LPR) who want to maintain their legal status when traveling abroad for periods of up to two years. If you travel abroad for more than a year without a reentry permit, your green card could be revoked. This travel document informs the government that you intend to return and continue living within the U.S. after your trip abroad. With a valid reentry permit, Customs and Border Protection (CBP) officials won’t consider your period of absence from the country as evidence that you have abandoned your U.S. residence. Essentially, it ensures that your time outside of the U.S. won’t jeopardize your LPR status.
To apply, you will need to file Form I-131, “Application for Travel Document.” Processing times can vary, so it’s in your best interest to apply well in advance of your planned trip.
What if I’m Traveling Abroad for Longer Than Two Years?
If you plan on traveling outside of the U.S. for longer than two years, you won’t be eligible for a reentry permit. As mentioned above, residing outside of the country for more than two years will be considered forfeiting your U.S. residency. Instead, you can return and maintain your legal status by applying for an SB-1 visa at a U.S. consulate or embassy before returning. “The Returning Resident” visa is reserved for LPRs who have been out of the country for more than one year or whose reentry permit has expired and cannot return due to reasons beyond their control. The SB-2 visa will allow you to resume your permanent residence.
If you are a green card holder and plan to travel outside of the country for more than a year, it’s advisable to connect with an experienced attorney from The Law Offices of Christopher T. Howell, Esq., who can guide you through the application process for a reentry permit. Connect with our firm today for advice and skilled representation.
