Green card holders have the freedom to travel outside the United States. However, if you spend more than a year abroad, the U.S. government may consider you to have abandoned your permanent resident status. To avoid this, you can apply for a re-entry permit before taking a long trip. This guide will explain what re-entry permits are, who needs them, how to apply, and why they are essential for green card holders.
What Is a Green Card Re-Entry Permit?
A re-entry permit is a travel document that allows U.S. green card holders to maintain their legal resident status while traveling abroad for up to two years. Think of it as a special permission slip that shows your intention to return to the U.S. and remain a lawful permanent resident.
While green card holders can freely travel, spending over a year outside the U.S. without a re-entry permit could jeopardize your residency status. A re-entry permit helps prevent issues at the border and ensures your absence isn’t considered evidence of abandoning your U.S. residence.
Why Is a Re-Entry Permit Important?
Without a re-entry permit, spending more than a year abroad might cause Customs and Border Protection (CBP) officials to assume you no longer intend to live in the U.S. This could lead to your green card being revoked.
A re-entry permit communicates to the U.S. government that your time abroad is temporary and that you fully intend to return to the U.S. to continue living as a permanent resident.
However, having a re-entry permit doesn’t guarantee smooth re-entry. CBP officials can still question your intent if they find other reasons to suspect you’ve abandoned your U.S. residence. To avoid this, maintain strong ties to the U.S. while abroad, such as:
- Keeping a U.S. mailing address.
- Filing U.S. tax returns.
- Retaining a U.S.-based job or business.
- Maintaining family ties within the country.
Who Should Apply for a Re-Entry Permit?
You should consider applying for a re-entry permit if:
- Your trip will last more than a year but less than two years.
For shorter trips (less than a year), your green card remains valid without needing a re-entry permit. - You don’t have a passport from your home country.
Many countries accept a U.S. re-entry permit as a substitute for a passport. Confirm with the countries you plan to visit whether they recognize re-entry permits as valid travel documents. - You have spent significant time outside the U.S. before.
Frequent long trips abroad could put your green card status at risk. A re-entry permit can strengthen your case for maintaining residency.
Important:
For trips lasting more than two years, a re-entry permit isn’t an option. In such cases, you must apply for an SB-1 Returning Resident Visa at a U.S. embassy or consulate before returning to the U.S.
How to Apply for a Re-Entry Permit
To get a re-entry permit, you’ll need to follow these steps:
- File Form I-131
Submit Form I-131, Application for Travel Document through U.S. Citizenship and Immigration Services (USCIS). This form collects details about your planned trip, previous travel, and U.S. tax filings. - Submit the Application from Within the U.S.
You must be physically present in the U.S. when filing Form I-131. - Attend a Biometrics Appointment
USCIS will schedule an appointment to collect your fingerprints, photo, and signature. This step is mandatory and must be completed before you leave the U.S. - Pay the Fee
The filing fee for Form I-131 is $575. Ensure you use the latest version of the form to avoid delays. Starting October 11, 2024, USCIS will only accept applications using the 06/17/24 edition of Form I-131. - Indicate Delivery Preferences
If you plan to leave the U.S. after filing but before receiving the permit, you can request USCIS to send it to a U.S. consulate or embassy in your destination country.
Note:
You don’t have to remain in the U.S. after your biometrics appointment. Once this step is complete, you’re free to travel.
Using a Re-Entry Permit
When returning to the U.S. after an extended trip, carry the following:
- Your valid re-entry permit.
- Your green card.
- A valid passport.
At the U.S. port of entry, a CBP official will review your documents and ask about your travel. If everything is in order, you’ll be allowed back into the country.
Remember, a re-entry permit doesn’t guarantee re-entry. It’s a tool to demonstrate your intent to maintain U.S. residency, but other factors — like failing to file taxes or spending too much time abroad — can still raise questions.
How Long Is a Re-Entry Permit Valid?
- A re-entry permit is typically valid for two years from the date of issue.
- If you’ve spent more than four of the last five years outside the U.S., your permit will only be valid for one year unless you qualify for exceptions (e.g., as a U.S. government employee or professional athlete).
- You cannot extend a re-entry permit. If it expires, you must apply for a new one while physically in the U.S.
Re-Entry Permits vs. U.S. Citizenship
Green card holders face stricter travel restrictions compared to U.S. citizens. Applying for U.S. citizenship allows you to travel freely without the risk of losing your residency status.
If you’re ready to start your journey to citizenship or need help with your re-entry permit application, Law and Visas can guide you every step of the way.
Key Takeaways
- Re-entry permits protect your green card status during long trips abroad.
- Apply for a permit if you plan to leave the U.S. for more than a year but less than two years.
- Always maintain strong ties to the U.S. to avoid questions about your intent to reside.
Let Law and Visas help you navigate the complexities of immigration and travel. Take our quick questionnaire today, and we’ll tailor a plan just for you!
