The amount of time that a permanent resident can legally stay out of the United States depends on numerous factors, including their specific immigration status. A trip that goes beyond six months raises a red flag because you do not want to convey to the government that you are abandoning your residency. A permanent resident cannot stay outside of the United States for more than 12 consecutive months (1 year) and maintain their permanent resident status. To re-enter the USA after a year they will have to apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the United States. Re-entry permits are generally valid for 2 years from the date of issuance.
It is important that all permanent residents understand the specific rules and regulations governing how long they are allowed to stay outside the United States. It is highly recommended that those traveling or living abroad consult with an immigration attorney to determine the exact length of time they can remain in another country without compromising their status. Failing to comply with these requirements could result in a permanent resident having their green card canceled and being subject to deportation proceedings.
Green card holders should apply for this benefit before leaving the United States. A re-entry permit may not be extended and does not guarantee you admission into the U.S. Foreign nationals with re-entry permits are subject to the immigration inspections process at the port of entry.
If you need help applying for a re-entry permit, consult with Gambacorta Law. Our re-entry permit lawyers in Skokie have the skill and experience needed to walk you through the process and to obtain a positive result.
To obtain a re-entry permit, you must file Form I-131 with the required supporting documentation, photos, and filing fees. Processing time is between 8 and 16 months.
If you intend to travel or live outside of the United States for more than five months in a year, you must get a visitor visa instead of getting a green card. Otherwise, you may lose your green card based on the assumption of abandonment of intention.
In addition, you must be physically present in the United States when filing the application. Your application may be denied if you have already departed the United States before you are fingerprinted. You have the option to request that the fingerprinting appointment be expedited if you have a valid reason.
A permanent or Conditional Resident must attach any one of the following documents along with Form I-131, Application for a Travel Document:
If you intend to travel or live outside of the United States for more than 5 months in a year, you must get a visitor visa instead of getting a green card, otherwise, you may lose your green card based on the assumption of abandonment of intention.
In addition, you must be physically present in the United States when filing the application. Your application may be denied if you have already departed the United States before the collection of your biometric (fingerprint). You have the option to request that the biometrics appointment be expedited if valid reasons exists for such expedition.
The USCIS’s filing fee for a re-entry permit is $445. Our Skokie re-entry permit attorney charges a reasonable fee for re-entry permit cases: $350 (with an expedition fee of $250 more if necessary).
Lawful Permanent Residents and Conditional Residents require Reentry Permits to re-enter the United States after travel of one year or more.
Reentry Permit is valid for two years from the date the re-entry permit was issued for Lawful Permanent Residents returning to the United States. On the other hand, Reentry Permit is valid for two years from the date the re-entry permit was issued or until the date the conditional resident must apply for the removal of conditions for Conditional Residents returning to the United States.
Having a re-entry permit can safeguard you and your green card.
Advance Parole is issued to foreign individual who does not have a permanent resident status. Its document is just a piece of paper bearing the foreign individual’s photograph. Whereas, Reentry Permit is issued to a permanent resident of the United States and its appearance is like a passport.
Below is the attorney’s fee that Atty. Gambacorta charges for a typical case of this type when filed in the United States at the US Citizenship and Immigration Services (USCIS) and the filing fee currently charged by the USCIS.
With immigration laws constantly changing, it can be difficult to understand what is expected of you as you apply for a re-entry permit. Having a skilled immigration attorney on your side can help.
At Gambacorta Law, we can help you prepare your petitions and applications, coach you for your USCIS interview, and resolve issues involving your green card or visa.
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Discuss your case with us today by calling 1-847-786-2599 or contacting us online.