Reentry Permit

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Green Card And Re Entry Permit

Detailed question:

What happens if green card expires while away on reentry permit and it's not possible to stay and return to USA to renew?

Answer:

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.

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Naturalized Citizen Sponsoring Parents

Detailed question:

I am a brand new citizen and I am filing papers to bring my parents from England to NY to live with my husband and our four children. As I understand it once they get their interview and medical stuff out of the way, and get their visas do they enter as Legal Permanent residences?

Answer:

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. Read the instructions on the Form I-131 for reentry permit if they expect to be gone for 6 months or more.

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Green Card Holder With No Reentry Permit

Detailed question:

My husband is a UK citizen and has a Green Card, but no re-entry permit. I am a US citizen. We have been living in China for 6 years for my job and plan to return to the States. The last time my husband was in the US was 3.5 years ago. What is the process that he needs to go through to be able to reenter the States and hold onto his Green Card?

Answer:

Start with contacting the local U.S. Consulate. See if they can issue a returning resident permit  (also called SB1 visa).

http://travel.state.gov/visa/immigrants/info/info_1333.html

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Reentry Permit Process

Detailed question:

My son is in our country Philippines studying in college & his Reentry permit will expire on March 17,2013. We are planning to return him on December during their Christmas vacation & also to re-apply or renew his reentry permit that month. My question is: Would it be allowed to submit re- entry application that month & how long would it take because he needs to go back to Philippines on the 1st week of Jan'13. Is it allowed to renew permit in the Philippines or you need to go back to US to renew?

Answer:

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.

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

Detailed question:

My mother is a green card holder (based on me as an US citizen) and has been living in India for last 3 years as she was working in India and just got retired. She is planning to return to US permanently now. We did not know reentry permit requirements before. Does she need to apply for Returning Resident Visa? If it affects adversely what are other common reasons that can be given as an excuse for long outside US stay?

Answer:

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.

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Reentry permit process

Detailed question:

My family and I are about to leave our country and go to the U.S. for our green card and such this end of November, but I have to go back to our country since I want to finish my education there before permanently staying in the U.S. (I only have one year left before graduating in our university) So my question is, how long does it take for a re-entry permit take?

Answer:

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.

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Reentry application and biometrics

Detailed question:

I just sent my I-131 application (for reentry permit) via overnight delivery, but turns out that I need to briefly go abroad starting this Friday for a work emergency. The official Notice of Action (I-797c) would probably arrive at my house while I am still overseas. My question is, will the application be denied if I leave the country before receiving the Notice of Action? (I'm afraid that USCIS would assume that I've abandoned the application by leaving the country.) I should be back in the USA for the biometric appointment.

Answer:

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.

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Reentry permit is it recommended?

Detailed question:

My spouse and I am legal permanent resident here in the US for more than 3 years now. We are planning to travel back to India in early December this year and my wife tentatively plans to stay back in India for close to 3-8 months. I am planning to return back after 3 months. In such situation, is it advisable to file re-entry permit (I-131) for her. Also should I get an attorney if I have to file or can I do it on my own?

Answer:

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.

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Reentry permit is not a guarantee

Detailed question:

I acquired my green card in January 20, 2010 with an expiry date of 2/23/20. I came back to the Philippines on February 2011. I want to go back to the US next year around March. Do I have a problem?

Answer:

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.

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GC and Company Involvement

Detailed question:

I received my GC in Aug 2008. My company is willing to send me to India office. Does the company need to file for a N470 or can I file for it? Do I need to be employed my US operations or I can be on the parole of India operations?

Answer:

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

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Possession of re-entry permit does not guarantee readmission?

Detailed question:

I came here June 2008 then got my green card on November 2010 and I am planning to go back to my country and will be staying there for 1 year and 11 months.(just enough for the permits 2 year limitation). But some parts of this article still bugs me, "Possession of a re-entry permit does not guarantee the alien’s readmission to the U.S." so on what reason and circumstances should this happen?

Answer:

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.

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Working outside USA

Detailed question:

Is it possible for me to work outside the US (for the same company that I work for now) while on green card? My company has an office in India, and I have to travel to India for family reasons. I was planning to work in India for some time, and then come back in about a year and half and apply for citizenship. I have lived in the US for about 3 years on my green card now.

Answer:

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

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Reentry Permit and N-470

Detailed question:

I got my GC on March 2006 and same time I got my Reentry Permit too. I was out of States within 2 years that I worked with US Forces Yokosuka Japan for Master Labor Contractor in less than 2 years. Is this form N-470 brand new rules?

Answer:

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

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Reentering the US

Detailed question:

I obtained my green card in 2004. I left US without obtaining a re-entry permit on July 2009 as I was out of job and found a job in India. Is it possible for me to get a re-entry permit to US? My wife is a US citizen, still working in US.

Answer:

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.

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Eligibility for N-470

Detailed question:

In a month I will have lived in the US for one year as PR. My company is sending me to do some work for them overseas. 1. Do I have to eligible for naturalization FIRST before I file N-470? Or is this just for any LP who have lived in the US for an uninterrupted year? 2. Can I file it while I am overseas? 3. Can I file when I come back having lived outside the US for less than a Year? 4. Can I file the application and leave BEFORE I hear back from USCIS? 5. What should my employer write in the supporting documents? 6. What makes my company an American corporation/firm?

Answer:

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.

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Can my wife use the N-470?

Detailed question:

I'm a U.S. citizen working overseas with the U.N. Can my wife (GC holder) use the N-470 to preserve her residency while staying overseas with me?

Answer:

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

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Reentry permit time frame

Detailed question:

What is time frame to return to the U.S?

Answer:

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

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Re-entry permit

Detailed question:

If you have a valid LPR and you went and stayed over 2 years in the philippines and you want to come back here. If you don't have a re-entry permit how can you get a re-entry permit?

Answer:

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.

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Entering US with Valid Reentry Permit with Over two yeas absence

Detailed question:

If LPR has Valid Reentry permit can he/she EASILY reenter US, after absence of OVER two Years. Since it was processed late after application reentry permit is still valid for over two years of absence. Do they ask lot of questions at the port of entry since they have stayed above two years? or will they be allowed easily to reenter.

Answer:

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.

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Reentry permits and citizenship application

Detailed question:

My husband is a LPR (since 1993) interested in applying for naturalization. He was granted a reentry permit and used it to enter the country nearly 2 years ago. How long does he have to wait to apply for naturalization?

Answer:

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.

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Reentry Permit

Detailed question:

After getting the green card, can I get a re entry permit for two years more than one times for my self and my family, if I am working out of US for United Nations.

Answer:

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

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Reentry permit

Detailed question:

My husband is a US citizen and was assigned in kuwait,, so we decided to stay in the philippines while his working there for 1yr. Im only a greencard holder and we are in philippines right now for 2 months and planning to go back states to apply re entry visa. My question is is it possible to apply re entry visa in states and come back in the philippines while its on process or i have to wait till i get the visa? Do you think they will approve my request?

Answer:

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.

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My mother got her green card

Detailed question:

My mother got her green card in dec08. She left for Asia in March08 and plans to return in Nov08. Since it will be 8 months that she will be out of USA, does she need re-entry permit?

Answer:

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.

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Is it possible to apply for reentry permit with the SSN

Detailed question:

I am DV 2010 actually working in a gulf country and I m not expecting to get beter situation in the USA with the actual recesion. My plan is to go t0 united states for a month to activate my green card and my wife's as well. In the same time I would like to apply for a reentry permit. I have few questions and I will be very gratefull if you could answer to me. 1-Is it possible to apply for rentry permit before receiving the green card? 2-If not is it possible to apply only with the ssn? 3-Do I have to apply for my son who is only two years old? 4-How long does it take to finish with biometrics

Answer:

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. As far as I recall, we apply for reentry permit for everyone (but read the instructions on Form I-131).

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Reentry permit and DV 2010 visa

Detailed question:

I got DV 2010 visa, but I am currently still studying in foreign university till September 2010. I decided to come here for 2 weeks, leaving school for a while to process the green card. Would I be able to visit US, just to taking care of the issue and request a reentry permit at the same time, so that I could enter US permanently after I graduate?

Answer:

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.

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N-470 filing after an absence of one year

Detailed question:

I have a GC since Oct 04, I got transferred out of my US branch to India office in Feb 07 and took a reenetry permit. I entered US with GC + reentry permit in May 09 and came back to India in Jun 09. Do I still have a chance to file N-470 now under "Necessary to protect prop rights of an American firm engaged in Foreign Trade", now that it's been it hasn't been one year, since I last left US under GC category? If you are absent from US from one year post GC, does it disqualify you forever for applying N-470? What if I go stay in the US for 1 year?

Answer:

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.

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Two Year Re Entry Permit For Green Card Holders

Detailed question:

Can an LPR(GREEN CARD HOLDER) apply for a two year re-entry permit from any state in the U S A?. What will be the time taken for biometric application. Will it vary from state to state?

Answer:

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.

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