Green card holders, also known as lawful permanent residents, are foreign individuals who have been granted the right to live and work in the United States permanently. Although they have permanent residency, it is important to understand that green card holders do not have all of the same rights as U.S. citizens. Because of this, lawful permanent residents may need a reentry permit when traveling outside of the country for extended periods of time. To learn more about the reentry process and your legal rights and options, reach out to a knowledgeable travel documents immigration lawyer in NYC today.
What is a Reentry Permit?
A reentry permit is an important travel document for lawful permanent residents. With a similar look to a U.S. passport, this document is issued to green card holders who are taking a lengthy trip out of the country and want to ensure they maintain their residence status.
These permits are issued by the USCIS (United States Citizenship and Immigration Services). While green card holders are permitted to travel freely to and from the country, they are required to maintain continuous residence in the United States in order to keep their status. When you travel out of the country as a lawful permanent resident for more than one year, it is assumed that you have given up your residence and your green card status could be revoked.
The purpose of a reentry permit is to inform the United States government of your intention to return to the United States and continue residing in the country after your travels.
When Do I Need a Reentry Permit?
Because traveling abroad for extended periods can indicate that you have abandoned your permanent residence, you may need a reentry permit when planning to take a long trip. Even if you travel for less than one year, you could run into problems if you take up residence in another country during your time away.
If you are a green card holder and are planning on traveling outside of the United States for 1 to 2 years, you should apply for a reentry permit before leaving to ensure you can continue living and working in the country upon your return.
What if I am Traveling for Longer than Two Years?
For trips outside of the U.S. lasting longer than two years, you will not likely be able to obtain a reentry permit. Residing outside of the country for greater than two years could be considered forfeiting your residency status.
However, you may be able to return and maintain your residence in another way. If you did not obtain a reentry permit for a trip lasting more than one year or if you have been traveling outside the country for two years or longer, you can apply for an SB-1 visa at a U.S. consulate or embassy before returning to the U.S. The SB-1 visa is also known as the returning resident visa and can allow you to resume your permanent residence.
For more information and legal advice, reach out to an experienced immigration attorney today.
