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Reentry Permit
Being a Permanent Resident of the U.S. you can travel without restraint outside of the U.S. To reenter the U.S., you need to present your green card and passport from your country of citizenship for readmission if the trip duration is less than one year. If the trip duration is greater than one year, but less than two years then a reentry permit is also needed to enter the U.S. Reentry permit is also issued to Lawful Permanent Residents who want to travel outside the U.S., but cannot get a national passport from their country of nationality. Traveling outside the U.S. without a reentry permit could have severe consequences to permanent or conditional residents. It could be determined that you abandoned your resident status. The benefit of having a valid reentry permit is that you do not have to obtain a returning resident visa from a U.S. embassy or consulate. However, the permit does not relieve you of any of the requirements of the U.S. immigration laws. Mere possession of reentry permit does not guarantee admission into the U.S. as you are still subject to immigration inspection at the port of entry to determine admissibility into the U.S. You also may be subject to “secondary inspection” where you will be taken into a separate room and asked questions.
If you intend to travel or live outside the US for more than 5 months in a year, it is advisable to get a visitor visa instead of getting a green card because you may loose the green card based on the assumption of abandonment of intention. Permanent residents must be physically present in the U.S. when filing the application. Leaving the U.S. before a decision has been decided does not affect the application. You may request your reentry permit to be sent to a U.S. embassy or consulate or Department of Homeland Security (DHS) office abroad when you file the application. There is a place on the Form I-131 to furnish the information necessary to receive the re-entry permit outside of the U.S. Eligibility
You can apply for reentry permit if you are in the U.S. as a:
Validity
A separate application form, fees and set of documents are required for each applicant (including yourself, each of your family member) who needs to travel. Permanent resident or conditional resident must have the following documents:
Filing The Application
Application filing instructions Do not send the application to the address listed in the form’s instructions. The mailing location for reentry permit is, USCIS Nebraska Service Center P.O. Box 87131 Lincoln, NE 68501-7131 For non-USPS (e.g. courier) delivery: USCIS Nebraska Service Center 850 S. Street P.O. Box 87131 Lincoln, NE 68508 Appeal
If the application is denied, you will receive a letter from USCIS explaining how to appeal. Appeal must be done within 33 days after receiving the denial letter and filed on
Form I-290-B. Mail Form I-290-B to the office that made the original decision. Once appeal form and fee are processed, the case is then referred to the Administrative Appeals Unit (AAU) in Washington, DC.
Not an advance parole
Reentry permit is NOT an Advance Parole. There are several differences:
Possessing a re-entry permit does not relieve the person from meeting the requirements of the naturalization laws. If you plan to apply in the future for naturalization, absences from the U.S. for one year or more will normally break the continuity of your required continuous residence in the U.S. However, if the Attorney General has approved an absence because you are a permanent resident employee of the U.S. government abroad or an American institution of research recognized as such by the Attorney General, or employed by an American firm or corporation then a period of absence from the U.S. will not affect your continuity of residence.
The American firm or corporation has to be engaged in whole or part in the development of foreign trade and commerce of the U.S. or a subsidiary. Also, more than 50 percent of the company’s stock has to be owned by an American firm or corporation, or you are employed by a public international organization in which the U.S. is a member by treaty or statute and you were not employed until after being lawfully admitted for permanent residence. In order to qualify for approval you must have been physically present and residing in the U.S. for an uninterrupted period of at least one year, after you were lawfully admitted for permanent residence. The approval does not exempt you from the requirement that you must be physically present in the U.S. for at least one-half of the period of residence required for naturalization. This rule applies to all the cases except, if you are employed by or under contract with the U.S. government; you are authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the U.S.; and authorized to perform the ministerial or priestly functions of a religious denomination or by an interdenominational mission organization having a bona fide organization within the U.S. as a missionary, brother, nun, or sister. If you qualify for preserving your residency, you may apply with Form N-470, Application to Preserve Residence for Naturalization Purposes (under section 316(b) or 317, Immigration and Nationality Act). Invalidation
Travel document will be invalid if you obtained by making a false representation or concealment in the application, or if you are ordered, removed or deported from the U.S.
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