Frequently Asked Questions - Reentry Permit

Naturalized Citizen Sponsoring Parents

They will enter the USA as permanent residents. The duration of the immigrant visa is stated on the visa stamp (I think it will be 6 months) and they must enter the USA within that time. They can come and leave after they get their green card in the USA.

Green Card Holder With No Reentry Permit

Start with contacting the local U.S. Consulate. See if they can issue a returning resident permit 

Reentry Permit Process

The permit can only be renewed in USA. He has to be in US for two things: first to file the application; and second, a few weeks later, appear for biometrics. USCIS may expedite biometrics. Check into that.

Returning to US from India, after a gap of 3 years

She should apply for RR (also known as SB-1) visa. Lose the idea of an "excuse." Nothing but the truth. My GUESS is, you are better off surrendering her green card and reapplying.

Reentry permit process

You have two choices: wait after applying for reentry permit to get called for biometrics (you can request expedite base upon your circumstances); OR, apply for reentry permit and leave USA. Come back for biometrics. DO SPEAK with a lawyer to understand the implications.

Reentry application and biometrics

As I recall, as long as the application has been physically received by USCIS, your departure does not cause abandonment. So, you should not have to worry. But you will need to be back for biometrics associated with the I-131.

Reentry permit is it recommended?

If you are not abandoning your permanent residence in USA (keeping your home, job, etc.), I see no need for a reentry permit for a three-month trip. She should apply and through counsel.

Reentry permit is not a guarantee

Generally speaking, a reentry permit is not a guarantee. It is merely an official declaration of your intention not to abandon your green card. Normally, the govt. does not question it. But if there are facts that make them suspect that you either never established or never intend to establish permanent residence in USA, they can take you to immigration court to take away your green card.

GC and Company Involvement

Company needs to give you a detailed letter and you can work for their India operations.

Possession of re-entry permit does not guarantee readmission?

Good point. This is a widely misunderstood provision of law. Reentry permit is merely your official assertion: "I intend to keep my permanent residence." Usually, the govt. does not question this intention during the life of the RP. But if they want to make an issue of it, they can.

Working outside USA

It is possible. Look into both I-131and N-470 filing through a lawyer.

Reentry Permit and N-470

Form N-470 has existed for a long, long time. This is not a new form or rule.

Reentering the US

Unless you have an exceptional explanation for your year outside USA, you should just surrender your green card at the consulate and reapply. Reentry permit is not possible in your situation.

Eligibility for N-470

1. No, you do not have to be eligible for naturalization.
2. No, you have to file while in USA.
3. No.
4. Yes.


5 and 6 require a lawyer to look over your company's details.

Can my wife use the N-470?

Yes, she can, as long as she meets the other requirements of N-470.

Reentry permit time frame

A reentry permit gives you the permission to stay outside USA for up to two years at one time.

Re-entry permit

Reentry permit can be obtained only by people who have a valid green card. Your only option (other than filing for a green card again) seems to be to ask the US Consulate for a Returning Resident Permit if you can show them a genuine reason for your absence. Note that this would be a difficult application.

Entering US with Valid Reentry Permit with Over two yeas absence

If LPR has exceeded the time permitted by Reentry Permit, they have lost their green card. If they have a good explanation for the absence, they can try to apply a returning resident permit through the consulate.

Reentry permits and citizenship application

If he was out of USA for more than one year at any one time, the reentry permit will allow him to file after 4 years and 1 day from re-establishing domicile in USA.

Reentry Permit

Where there is a good enough reason, reentry permits may be granted more than once.

Reentry permit

Reentry permits are granted where there is a genuine need for you to be outside USA for a limited period of time and you have no intention of abandoning your permanent residence. Since this is an important and complex issue, you should consult a lawyer. Once you have done the biometrics for the reentry permit, you can leave while the application is in process. But keep in mind the risk of a denial if you have left. So, do speak with a lawyer.

My mother got her green card

There is some error in your facts. It appears she left in March 2009 (NOT 2008). You cannot file a reentry permit while she is outside USA. If she is outside USA for more than one year, the GC is deemed abandoned. If it is out more than 6 months, but less than 1 year, she can be asked to demonstrate that her permanent home is in USA.

Is it possible to apply for reentry permit with the SSN

I have no clue about any special issues for DV folks. But the general law of reentry permit is this. If you have received approval of green card and entered USA, you can apply. USCIS can expedite biometrics if you have a good reason.

Reentry permit and DV 2010 visa

This appears to be a classical case where a reentry permit is a good choice. There is an event (graduation) that is keeping you out for a certain length of time. I do not practice in DV area so I have no clue if there is something you need to worry about in that respect. You will of course have to be in USA to apply for a reentry permit and biometrics.

N-470 filing after an absence of one year

From what I recall (read the instructions on the Form) you could file N-470 only if you stayed in USA for one year without any international travel. I see no reason why you cannot do so now.

Two Year Re Entry Permit For Green Card Holders

You can apply from anywhere (the forms are processed centrally) and the times should be the same. It takes a few weeks for the biometric unless you can demonstrate some emergent reason.

Reentry Permit to Preserve Green Card and Extensions
Rights and Obligations after Green Card

1. There is no such requirement that I am aware of at this point today (June 2017) that you have to notify any US government agency or Indian government just because you received your Green Card. However, what you should do is you should inform your employer that you have got your Green Card so they can update your Form I-9 which is an internal matter within the files of the employer. They don't have to update any government agencies.

 

Joining a company other than green card sponsor, staying abroad after green card and reentry permit
How can a US green card holder study abroad without losing their green card?
Reentry Permit

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/OMuYdzLJ2qQ?t=914

FAQ Transcript:

Green Card And Re Entry Permit

You lose your green card status. Reapplying or trying to get a returning resident permit would be the only two options that I can think of.