Skokie Re-Entry Permit Lawyers
Protect Your Permanent Resident Status
If you are a permanent resident of the United States, you may travel outside of the country – but there are some limitations. As a permanent resident, you are required to comply with the residency requirements.
How Long Can a Permanent Resident Stay Out of the USA?
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.
When to Apply for a Re-Entry PermiT
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.
Call (847) 443-9303 now to request an initial consultation.
Applying for a Re-Entry Permit
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.
Having a re-entry permit can safeguard you and your green card.
By obtaining a re-entry permit, you:
- Won’t need to obtain a visa from an American consulate to return to the United States after traveling abroad
- May remain outside the United States for the duration of the re-entry permit’s validity
Difference between Advance Parole & Re-entry Permit
Advance parole is issued to a foreign individual who does not have a permanent resident status. The document is just a piece of paper bearing the foreign individual’s photograph. In contrast, a re-entry permit is issued to a permanent resident of the United States and its appearance is like a passport.
Re-Entry Permit Fees
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).
Important Information about Re-Entry Permits
If you are seeking or have a re-entry permit, you should know that:
- Stolen, lost, and destroyed permits grant the holder the recourse to apply for a new one, explaining the circumstance in the application
- Applicants denied a re-entry permit may appeal within 33 days upon receipt of the denial letter
- A person issued a re-entry permit may still be denied entry to the U.S. if they are admissible for committing a crime, being involved in terrorist activity, developing a health problem that’s seen as a risk to people in the U.S., or such other similar reasons.
- While a re-entry permit is proof that you have not abandoned your U.S. residence, the authorities may still deny your entry to the U.S. upon their determination that you were making your home elsewhere.
Work with Gambacorta Law
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.