Re-Entry Permits

Permanent residents can travel freely, however, if they are out of the United States for over a year, they risk jeopardizing their status. Re-entry permits allow permanent residents to leave the United States for a period of up to two years without risking losing their permanent residency. Since the re-entry permit tells the government that you intend to maintain residency in the United States, Customs and Border Protection won’t consider your time abroad as an abandonment of U.S residence.

Who Needs a Re-Entry Permit?

The main reason for obtaining a re-entry permit is to show that you intend to maintain your green card status when traveling abroad.

• For trips of more than one year, it is required that you apply for a re-entry to avoid abandonment.
• For trips between 6 months and one year, it is recommended that you apply for a reentry permit. This is to avoid scrutiny and secondary inspection when entering the United States.
• For trips less than 6 months, your green card will remain valid without the need for a re-entry permit, although you should still take care to maintain clear ties to the United States (such as through your work, family connections, or home address) while traveling abroad.

How do you Obtain a Re-Entry Permit?

 To apply for a re-entry permit, you must file a Form I-131 while physically present in the United States. You do not have to stay in the United States until your I-131 is approved and can arrange to have the approved permit shipped to your attorney.

How do you Use your Re-Entry Permit?

When you return to the United States after travel abroad, you must present your green card, passport, and re-entry permit to the Customs and Border Protections officer. Granted everything is in order, you will be readmitted to the U.S. If the CBP officer has other reasons to believe you may have abandoned your U.S. residence, you could be subject secondary review.

Please contact our office should you require any assistance petitioning for a re-entry permit.