Reentry Permit Services

What is a Reentry Permit?

A reentry permit (Form I-131) is an official document issued by U.S. Citizenship and Immigration Services (USCIS) that allows lawful permanent residents (green card holders) to travel outside the United States for extended periods without abandoning their permanent resident status.

While green card holders are generally expected to maintain their primary residence in the United States, a reentry permit serves several important purposes:

• It helps establish that you did not intend to abandon your permanent resident status
• It allows you to reenter the U.S. after traveling abroad for up to two years
• It serves as a valid entry document if your green card expires while you are outside the U.S.
• It may be accepted in lieu of a returning resident visa in certain circumstances

When Do You Need a Reentry Permit?

You should consider applying for a reentry permit if:

• You plan to be outside the United States for more than one year but less than two years
• You have previously been outside the U.S. for extended periods and are concerned about questions regarding abandonment of residence
• You need to travel to a country where obtaining a visa can be difficult with just a green card
• Your green card will expire while you are abroad for an extended period

Risks of Extended Travel Without a Reentry Permit

Traveling outside the United States for extended periods without a reentry permit can pose several risks to your permanent resident status:

• Presumption of Abandonment: Absences of more than one year may create a presumption that you have abandoned your permanent resident status
• Entry Difficulties: CBP officers may question your intent to maintain permanent residence and potentially deny entry
• Loss of Eligibility for Naturalization: Extended absences can disrupt the continuous residence requirement for naturalization
• Need for SB-1 Returning Resident Visa: Without a reentry permit, absences of more than one year typically require applying for an SB-1 visa at a U.S. consulate abroad, which has a higher burden of proof

Reentry Permit Eligibility

To be eligible for a reentry permit, you must:

• Be a lawful permanent resident (green card holder) or conditional permanent resident of the United States
• Be physically present in the U.S. when you file the application
• Intend to depart the U.S. temporarily
• Not have already abandoned your permanent resident status
• Plan to return to the U.S. to resume permanent residence

The Reentry Permit Application Process

The process for obtaining a reentry permit involves several key steps:

Step 1: File Form I-131 While in the United States

You must file Form I-131, Application for Travel Document, while physically present in the United States. The application package typically includes:

• Completed and signed Form I-131
• Filing fee (currently $575, but subject to change)
• Copy of your green card (front and back)
• Two identical passport-style photographs
• Copy of a government-issued photo ID
• Supporting documentation explaining the purpose of your extended travel

Step 2: Attend a Biometrics Appointment

After filing Form I-131, you will receive a notice scheduling you for a biometrics appointment at an Application Support Center (ASC). At this appointment:

• Your fingerprints, photograph, and signature will be captured
• You must bring your appointment notice and photo identification

An important consideration is that you must be physically present in the U.S. for the biometrics appointment. This is a key reason why planning ahead for a reentry permit is crucial.

Step 3: Application Processing and Approval

After the biometrics appointment, USCIS will process your application:

• Current processing times typically range from 3 to 5 months
• You may leave the U.S. after biometrics have been taken, but before receiving the actual permit
• The permit can be mailed to a U.S. address or to a U.S. embassy or consulate abroad

Step 4: Receive and Maintain Your Reentry Permit

Once approved, your reentry permit will be valid for up to 2 years from the date of issuance. The permit cannot be extended, and you must return to the U.S. to apply for a new one if needed for future travel.

Strategic Planning for Reentry Permits

Proper planning for a reentry permit application is crucial for permanent residents planning extended travel:

Timing Considerations

• Early Application: File several months before your planned departure to allow time for processing
• Expedited Processing: Available in limited circumstances such as documented emergencies or humanitarian reasons
• Travel After Biometrics: You can typically leave the U.S. after completing biometrics and request that your permit be sent to a U.S. embassy or consulate abroad

Maintaining Ties to the United States

Even with a reentry permit, it's important to maintain significant ties to the U.S. to demonstrate that you haven't abandoned your permanent residence:

• Maintain a U.S. residence (owned or rented)
• Keep U.S. bank accounts and credit cards active
• File U.S. tax returns as a resident alien
• Maintain U.S. driver's license and other identification
• Maintain family relationships in the U.S.
• Keep employment or business ties in the U.S. when possible

Multiple Reentry Permits and Long-Term Considerations

While it is possible to obtain multiple reentry permits over time, USCIS applies increasing scrutiny to subsequent applications:

• A second reentry permit is often issued for a shorter period (typically 1 year instead of 2)
• After multiple permits, USCIS may question whether you are actually maintaining permanent residence in the U.S.
• If your absences exceed 6 months per year, they may impact your eligibility for naturalization by breaking continuous residence

For those needing to spend extended periods abroad regularly, other immigration options might be more appropriate, such as:

• Dual citizenship (if eligible)
• Nonimmigrant visas for periodic visits to the U.S.
• Special naturalization provisions for those working for certain U.S. companies, the U.S. government, or religious organizations abroad

Impact on Naturalization

Extended absences from the United States, even with a reentry permit, can affect your eligibility for naturalization:

• Absences of more than 6 months but less than 1 year may disrupt the continuity of residence requirement
• Absences of more than 1 year generally break the continuity of residence for naturalization purposes
• Special rules may apply for those working abroad for U.S. companies, the U.S. government, or certain religious organizations

Our Reentry Permit Services

JZ Law Group provides comprehensive legal services for reentry permits, including:

• Evaluating your eligibility and need for a reentry permit
• Strategic planning for timing of application and biometrics
• Preparing and filing Form I-131 applications
• Developing supporting documentation to establish the temporary nature of your absence
• Expedited processing requests in qualifying situations
• Coordinating delivery of the permit if you must depart before it is issued
• Advising on maintenance of U.S. ties during extended absence
• Planning for the impact of extended absences on future naturalization eligibility
• Addressing complex situations such as prior extended absences or multiple reentry permit applications
• Counseling on alternative options for those with recurring long-term travel needs

Why Choose JZ Law Group for Your Reentry Permit

Maintaining your permanent resident status while spending extended periods abroad requires careful planning and adherence to immigration requirements. Our firm provides expert guidance to ensure that your valuable green card status is protected during your time outside the United States.

We understand the various reasons permanent residents may need to travel abroad for extended periods—whether for family obligations, business opportunities, education, or other personal reasons. Our attorneys help you navigate the complexities of the reentry permit process while developing strategies to maintain your status.

For clients with recurring travel needs, we provide long-term planning to address both immediate travel needs and future immigration goals, including naturalization planning. Our comprehensive approach helps ensure that your time abroad does not jeopardize your immigration status or your path to U.S. citizenship.