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.
Reentry Permit to Preserve Green Card and ExtensionsDetailed question:
I am a naturalized US citizen through marriage since August 2015. I have sponsored for my brother and mother. Being an immediate family member my mother got her green card within 7 months and for my brother, it's probably a waiting for 12 years. However, I have not sponsored for my father yet because he is currently handling the business and property in India. My father has tried 3 times for tourist visa in last 2 years but he got rejected by the US embassy in Delhi. We don't want to try again for the tourist visa now. I want to sponsor green card for him now but need advice on a couple of concerns. It can take my father up to 7 years to wrap up everything. What is required for my father to maintain his green card in terms of physical presence/physical travel How long can it maintained without being actually living in the USA more than 6 months? We cannot do an investment here for a new house in his name due to financial concerns. In other words, I have concerns like if my father is unable to maintain the green card status and unable to obtain a tourist visa, then will he be stuck in India forever?Answer:
I think it is ok. You can get him a green card and then do a re-entry permit if you feel that's appropriate and if he loses his green card then he loses it. That's ok, you can always reapply again. If you have something to file, please go ahead and file it and don't wait up for it. More...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.Add new comment
Rights and Obligations after Green CardDetailed question:
1. I got my green card after that should I notify any US government agencies and Indian government regarding the change in status and having received my Green Card? <br> 2. Is there any restriction on my traveling outside the USA when I am on Green Card status?<br> 3. So what if I want to go to India for two months? <br> 4. What is N-470?<br> 5. Does any unemployment in the future affect Green card?Answer:
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.
2. Now, traveling has certain predicates or certain dependencies that should be calculated and that should be known. First of all, people have this idea that if I leave the USA for less than 6 months I won't lose my Green Card. Well, its little bit more complicated than that. Technically, if you leave the United States after you got the Green Card, you leave the United States with the intention to never come back even if you are gone for one day and the second day you change your mind and come back. If it could be proven that you left with the intention to never come back your Green Card is gone. So, the first thing very important - your intention. If you have to travel outside the USA where your intention is never to come back, your Green Card technically can be lifted.
3. No problem at all, especially when your home is in the USA, you live here, you work here, your children go to school here taking vacations for a month, two months even three -four months is not the problem. So, some of these factors are important. Sometimes what happens is, let’s say you are in the USA and decide to go to India and take the job over there for two or three months and that goes up to seven or eight months you could be in trouble because the government can say that it looks like you quit your job here. The job is important, where your children are going to school is important, your permanent home is important. These are not issues for most of the people who live in the USA but I am just pointing out these so when a situation arrives I want you to consult a lawyer before you make a plan.
An Intention is a state of mind, the state of mind cannot be directly looked at it can only be inferred from circumstances. So circumstantial evidence is important to prove your intention. For example, if you leave the USA with a one-way ticket and you don't come back for one year, chances are you lost your Green Card because if you are outside the USA for more than one year you will automatically lose your Green Card.
There is something called Reentry permit which allows you to go up to two years and the reentry permit is a definitive announcement by the US Green Card holders that I do not intend to give up my Green Card. It is not the full proof for saving your Green Card but it is quite effective, if you need to go away for two years you can file for a reentry permit.
For reentry permit, you have to be in the United States to file for it. After you file it within a few weeks you will be scheduled for Biometrics. You have two choices whether you file and leave the USA, you have to be physically present when USCIS receives your application and then you can leave and come back for the Biometrics or you can stay here, do your Biometrics and then you go. The choices for receiving your reentry permit when it is approved are either to your lawyer or to the address in the United States or to the Consulate of your home country. If you go to live in Mumbai, you could pick up your reentry permit in Mumbai Consulate.
If you face a very bad emergency when you are in India, you can always apply for reinstatement of Green card which is called Returning Resident Permit or SB-1 Visa, that is done through the US Consulate. You go to the Consulate, explain to them in writing through the form. Everything has a Form, that shows that your stay was unintentional, they can take time and reinstate your Green Card for you. There is another Form you need to fill in, that's called Form N-470.
4. N-470 is a highly misunderstood Form. N-470 is helpful in naturalization only to the extent that normally, if you are gone for one year you have to start naturalization five years all over again. Normally, you can apply for Naturalization five years after you get your Green Card. If you need to stay away for one year you have to start your five years all over again. By filing N-470 you prevent that re-setting your five-year clock and there are very specific rule that covers N-470 including that there must be one year during which after getting the Green Card you must not have traveled outside the USA even for one day, this is one odd little rule but keep all these things in mind. So, N-470 is usually filed in conjunction with reentry permit application.
5. No, of course not.Add new comment
Joining a company other than green card sponsor, staying abroad after green card and reentry permitDetailed question:
I am working for same company for more than 9 years out of which 2007 to Aug 2014 in the US and since Aug 2014 in India Development Center for the same company. I have visited the US frequently (4 times) between Aug 2014 to Sep 2015 and in India since then (through Advance Parole). I received my GC on 6/26/2016 and have got the physical cards delivered to me in India by a friend traveling from the USA. My father was sick for last one year and passed away on 15th Nov 2016. I have EAD card with validity till 12/10/17 (Not Valid for reentry to the US). My Advance Parole has expired on Dec 29, 2016. Also, 6 months timeframe for GC entry to the US has expired on 12/26/2016. <br> I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA.<br> 1. Can I directly join some other company in the USA using the same GC my company has filed for me? If yes, are there any legal formalities/paperwork involved to do that?<br> 2. I have already filed for Advance Parole twice between 2014 and 2016. Once I am in the USA, can I file for a Re-entry permit to get a leave for another 2 years outside the USA to support my mother while she is going through recent grief? <br> 3. How long does the process for Reentry permit application take? Do I need to stay in the US till the time application is approved or can I leave for India once application is filed and bio-metric is done?<br> 4. On a side note - I have no earnings in the US for the year 2016 but I must file the taxes as a GC holder (and also to maintain my ties with the US). Do you have references for any good CA who can help me with this?Answer:
You have to take the green card job to make yourself safe. If you come to the USA and you take the green card job intending to work for this company in the USA on an indefinite basis and with the consent of the company you can apply for a reentry permit. A reentry permit is not a guarantee, but it is a formal declaration by you that says that you are going to live outside the USA for up to two years and not to take your green card away.
A1. I think it is a little risky.
A2. Not from outside USA. You will have to come into the USA.
A3. After you file for your biometrics, it takes about 6-8 weeks to get it done and then you can leave and the reentry permit can be picked up even at your lawyer's office or at any USA address that you have given or at the consulate in your home country.
A4. For green card holders, you can never file taxes as a non-resident. The best thing is because you are living in India we have some kind of a taxation relief treaty with India so that you don't have to pay taxes twice. More...
How can a US green card holder study abroad without losing their green card?Detailed question:
I am a permanent resident, a citizen of Poland. I want to study medicine in Poland. The program lasts 6 years. I don't want to abandon my status and want to understand if such long-term abroad is possible. If I am not mistaken GC holder can be away 6month-1 year. But, since I'll be out of US on regular basis, so it's best to apply for a reentry permit?Answer:
I can only guess that in a situation like this since there is a specific reason why you are leaving the USA, reentry permit is not a guarantee of being able to keep your green card, but the reentry permit is your definition that I want to keep my green card though I am going away for a long period of time and I want to come back. More...Add new comment
Reentry PermitDetailed question:
I am a green card holder and received it on Oct 21, 2011. I moved to India on Nov 21, 2013 . I applied for a re-entry permit before I left USA and I have a permit valid up to Mar 10, 2016.Answer:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I want to point something to you, there is lot of misconception about re-entry permit. Reentry permit does not give you an irrevocable right to stay away from USA, but it is as close as you are getting security in maintaining your Green Card. Reentry permit simply says this; the fact that you are away for two years cannot be used by itself as a ground for revoking your Green Card. If on the other hand, it appears that you have no intention of coming back and you are abandoned your intention to live in the United States, they will take away your Green Card even if you have the Reentry Permit.
As a practical matter, USCIS does not look behind the Reentry Permit. So far I have not seen any cases. But don't think it's a foregone conclusion just because you have Reentry Permit, you are hundred percent protected. No such thing.
Another thing to remember is you don't have to visit USA even once, while the Reentry Permit is in play. But you must enter USA before the Reentry Permit expiration, if you want to extend it. And extension can only be done while you are physically present in the United States. You cannot send application via courier from India to USCIS, like as you asked. That's the way it should be.Add new comment
Green Card And Re Entry PermitDetailed 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.Add new comment
Naturalized Citizen Sponsoring ParentsDetailed 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.Add new comment
Green Card Holder With No Reentry PermitDetailed 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).Add new comment
Reentry Permit ProcessDetailed 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.Add new comment
Returning to US from India, after a gap of 3 yearsDetailed 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.Add new comment
Reentry permit processDetailed 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.Add new comment
Reentry application and biometricsDetailed 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.Add new comment
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.Add new comment
Reentry permit is not a guaranteeDetailed 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.Add new comment
GC and Company InvolvementDetailed 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.Add new comment
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.Add new comment
Working outside USADetailed 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.Add new comment
Reentry Permit and N-470Detailed 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.Add new comment
Reentering the USDetailed 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.Add new comment
Eligibility for N-470Detailed 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.
5 and 6 require a lawyer to look over your company's details.Add new comment
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.Add new comment
Reentry permit time frameDetailed 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.Add new comment
Re-entry permitDetailed 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.Add new comment
Entering US with Valid Reentry Permit with Over two yeas absenceDetailed 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.Add new comment
Reentry permits and citizenship applicationDetailed 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.Add new comment
Reentry PermitDetailed 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.Add new comment
Reentry permitDetailed 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.Add new comment
My mother got her green cardDetailed 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.Add new comment
Is it possible to apply for reentry permit with the SSNDetailed 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 biometricsAnswer:
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).Add new comment
Reentry permit and DV 2010 visaDetailed 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.Add new comment
N-470 filing after an absence of one yearDetailed 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.Add new comment
Two Year Re Entry Permit For Green Card HoldersDetailed 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.Add new comment