When do I Need a Re-Entry Permit?

If you’re a U.S. green card holder (lawful permanent resident or conditional resident) and you're planning to spend significant time outside the United States, you may be wondering: Do I need a re-entry permit?

What Is a Re-Entry Permit?

A re-entry permit is a travel document issued by U.S. Citizenship and Immigration Services (USCIS) that allows you to maintain your permanent residence (green card) even if you travel outside the U.S. for an extended period of time. Generally speaking, if you are outside the U.S. for one year or more, CBP can find that you have abandoned your permanent residence. If you are outside the U.S. for more than a year, and you have not filed for the re-entry permit, you may have problems re-entering the U.S., or you could receive a Notice to Appear (NTA) to begin removal proceedings. If you file for a re-entry permit, you're letting the government know that you have to be outside the U.S. for an extended period of time, but that you intend to maintain your permanent residence.

You must be physically present in the U.S. to submit the re-entry permit application. In addition, you have to complete biometrics (fingerprints and photo) in the U.S.; that cannot be done overseas. If the re-entry permit is approved, it can be approved for a period of up to two years. It is possible to apply for a subsequent re-entry permit later if needed, though at some point USCIS may question whether you really intend to maintain your U.S. residence.

When Do I Need To File for a Re-Entry Permit?

You may need to apply for a re-entry permit if:

1. You’ll Be Outside the U.S. for 1 Year or More

If you leave the U.S. for 12 months or more without a re-entry permit, your green card may be considered abandoned. U.S. Customs and Border Protection (CBP) officers can refuse to let you back in as a permanent resident. A re-entry permit signals your intent to maintain your U.S. residence and can help avoid this issue.

2. You’ll Be Gone for More Than 6 Months Repeatedly

Even trips under 12 months can raise red flags if they are frequent or lengthy. If you travel abroad often or spend more time outside the U.S. than inside, CBP may question whether you truly live in the U.S. A re-entry permit can help show that you plan to return and maintain your residency.

3. You Have Ties Abroad for Work, Family, or Study

Many green card holders travel for work assignments, academic programs, or to care for relatives overseas. These are all valid reasons, but if this involves spending significant time outside the U.S., it could be worth a conversation with an immigration lawyer to talk about your options and develop a plan to protect your green card.

4. You’re a Conditional Resident Applying to Remove Conditions (maybe)

Keep in mind that re-entry permits can be helpful for conditional residents as well (if you received a marriage-based green card, and you were married for less than two years when you received the green card). Extended travel may complicate your ability to prove a bona fide marriage and can also jeopardize your green card.

What Happens If I Don’t Apply for a Re-Entry Permit?

If you don't apply for a re-entry permit and you leave the U.S. for more than one year, you risk:

• Having problems re-entering the U.S., including but not limited to potentially lots of questions and secondary inspection
• Possibly having CBP ask you to sign Form I-407 to abandon your permanent residence (remember, you don't have to sign this)
• Possibly receiving a notice to appear (NTA) to begin the removal process in immigration court
• Losing sleep, wondering what will happen to your permanent residence

Final Thoughts

If you're a green card holder planning extended international travel, don’t leave your status to chance. A re-entry permit, if approved, allows you to leave the U.S. for extended periods of time, and to return to the U.S. and maintain your permanent (or conditional) residence. Keep in mind that even if you have a re-entry permit, you still have to meet the physical presence and continuous residence requirements if you want to apply for citizenship (naturalization) later.

If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today to set up your initiation consultation to get the process started! You can set an appointment online. You can also call us at 804-214-7870 or send us an email at info@sumnerimmigration.com.

We are immigration lawyers in Richmond, VA, but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!

As always, the above information is for educational purposes only and is not legal advice. Please speak with a qualified immigration lawyer before taking action.