Law & Legal & Attorney Immigration Law

Do Green Card Holders Need Re-Entry Permit?

As per the legal regulations, the individuals staying in US on permanent resident permit are allowed to travel to and fro from US to other countries but they are ineligible to stay out of US for more than 1 year.
However, if they stay out of US for 6 months at a stretch, it is considered to be intent to abandon US residency, which may not really be the purpose.
Thus, your travel as a permanent resident card holder is needed to be temporary and you should be able to prove that you do not have any intent of losing the US legal Permanent residence.
To start with, if you need to be out of the country for over a year or more, you will be required to apply for re-entry permit before you leave US.
This ensures that there are no legal complications and can avoid having the immigrant status of a permanent resident revoked.
But if you are unable to prove that the travel out of US was temporary, you stand to lose your Green Card.
That is why it is necessary to know more about the re-entry permit that allows you to travel without compromising the much coveted Green Card status.
However, before you apply for the re-entry permit, you need to be aware of the fact that you need to have completed some of the residency requirements for filing for the US citizenship and any gap in stay will not be counted.
The misunderstanding about the Green Card status is common and most people believe that once they get the lawful permanent resident they are close to citizenship and can stay away from US for long periods on personal or business issues.
But the fact remains that when they come back and try re-entering US, the immigration authorities just take away the Green Card which renders them unable to enter US.
Now to re-enter US, individuals who have lost their green-card have to apply for non-immigrant visitor visa and again go through the cumbersome process of applying for a green card.
But all of this can be easily avoided in the first place by applying for the Re-entry permit, which is specifically allotted to the US green card holders that have to be out of the country for long period of time but intend coming back to US.
The re-entry permit is valid for a 2-year absence of stay in US while the validity of the Green card is sanctioned for the period.
And the re-entry permit can be extended for another 2 years, if there is a need for extension and stay overseas.
There is low awareness about the special re-entry permit that absolves you of the confusion of leaving the country for long and returning back to find that your permanent residency is jeopardized.
That is why it is best to consult an immigration specialist and check if there are loopholes or issues that can take place if you are on a Green card but need to be away from US for a year or more.

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