How can I apply for a reentry permit if i need to stay outside the Us for more than a year?

How Can I Apply for a Reentry Permit If I Need to Stay Outside the U.S. for More Than a Year?

If you are a lawful permanent resident (green card holder) of the United States and need to stay outside the U.S. for more than a year, you will need a reentry permit to return without risking your permanent resident status.

Understanding the Reentry Permit

A reentry permit allows lawful permanent residents to reenter the United States after traveling abroad for an extended period, typically more than one year but less than two years. It serves as evidence that you intend to maintain your permanent resident status.

Eligibility for a Reentry Permit

• Lawful Permanent Residents: You must be a lawful permanent resident (LPR) of the United States.

• Intention to Return: You must intend to return to the U.S. and not abandon your permanent resident status.

• Physical Presence: You must be physically present in the U.S. when you file your application.

Steps to Apply for a Reentry Permit

1. File Form I-131

• Form I-131: Complete and submit Form I-131, Application for Travel Document.

• Filing Fee: Pay the required filing fee (check the latest fee schedule on the USCIS website).

2. Gather Supporting Documents

• Evidence of Status: Include a copy of your green card (Form I-551) or other proof of your lawful permanent resident status.

• Passport Photos: Submit two passport-sized photos taken within 30 days of filing your application.

• Explanation Letter: Provide a letter explaining the reason for your extended stay abroad and your intention to return to the U.S.

3. Submit Biometrics

• Biometrics Appointment: After submitting Form I-131, USCIS will schedule a biometrics appointment for you to provide fingerprints, photographs, and a signature.

• Appointment Notice: You will receive a notice with the date, time, and location of your biometrics appointment.

4. Monitor Your Application Status

• USCIS Case Status Online: Use the USCIS Case Status Online tool to track the status of your Form I-131 application using your receipt number.

• Processing Time: The processing time for a reentry permit can vary, so regularly check the status and be patient.

Important Considerations

1. Travel Timing

• Apply Before Departure: Ensure you apply for the reentry permit well before your planned departure. You must be in the U.S. when you file Form I-131 and attend your biometrics appointment.

• Stay Duration: The reentry permit is typically valid for up to two years, allowing you to stay outside the U.S. without jeopardizing your permanent resident status.

2. Risks of Extended Absence

• Abandonment of Status: Staying outside the U.S. for an extended period without a reentry permit or returning after the permit has expired may result in the abandonment of your permanent resident status.

• Naturalization Requirements: Extended stays abroad can affect your eligibility for naturalization, as continuous residence and physical presence requirements must be met.

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Conclusion

Applying for a reentry permit is essential for lawful permanent residents who need to stay outside the U.S. for more than a year. By understanding the eligibility requirements and following the application process, you can protect your permanent resident status and ensure a smooth return to the United States.

If you have any questions or need legal assistance, please contact Liang Law at (408) 780-8862. We are here to help you through every step of the process.