Re-Entry Permit question

[davidid 0]

If one's Re-Entry permit say expires Dec 1, 2011, and he/she enters the US on May 1, 2011.

Say he/she wants to leave the US again on June 1, 2011, and do not plan to go back to the US until 1 year later.

Can he/she apply for another Re-Entry permit after he/she re-enters the US in May 1,2011 ? (I mean while her 1st Re-Entry permit is still valid).

Thank you.

[Brother Hesekiel 2,236]

Hmmm . . . I'd say that person is begging to have their residency status scrutinized with a magnifying glass the size of an interstellar radio telescope. Any absence requiring a Reentry Permit is critical, not from USCIS's perspective (they take your money, no worry), but from CBP's, and coming back after a long absence in May and then leaving again for a long absence (of a year or longer) in June or July is immigration suicide.

[Anh map 2,098]

Your question is vague enough to not get a very specific answer. Bob's assessment is spot on. Long stays out of the US for a LPR will generate extra scrutiny and possibly lead to problems retaining the green card.

[Sunny123 44]

Are you currently AOS? If so being gone that long could result in abandoning your green card and you may have to start the process all over again.

[Penguin_ie 5,993]

Thirded.

The person might well get another re-entry permit (depending on the reason they give). But when they return in June 2012, might find themselves denied entry.

[davidid 0]

Thank you for all your replies.

To Sunny123: By AOS, did you mean Adjustment of Status ? The Person already got the green card.

I forgot to mention that even though he/she applies for Re-Entry Permit, he/she is out of the US for less than 1 year (but more than 6 months).

And, the 2nd time he/she will also stay out of the US for less than 1 year (but more than 6 months).

I read/heard that even though you do not need to apply for Re-Entry permit if you are only out of the US > 6 months and < 1 year, but it is recommended.

I thought that you can apply for Re-Entry permit more than once ?

Or, is that not recommended ?

Thank you.

[davidid 0]

1 more question: Is that correct that a Re-Entry Permit is valid for 2 years ?

So, if the person comes back in within 1 year, if he/she goes out of the US again, he/she can use the original Re-Entry Permit to re-enter ?

Thank you.

[JimVaPhuong 4,863]

1 more question: Is that correct that a Re-Entry Permit is valid for 2 years ?

So, if the person comes back in within 1 year, if he/she goes out of the US again, he/she can use the original Re-Entry Permit to re-enter ?

Thank you.

Yes. A reentry permit can be used for multiple entries, as long as it's still valid.

[Penguin_ie 5,993]

What is the reason for the re-entry permits?

Since it is less than a year each time, assuming they do not intend to leave again after the second time, they may have a better chance that I originally predicted, especially if it is something like finishing a degree abroad.

[rika60607 215]

Permit is valid up to 2 years and can be used multiple times.

When you go back to US, a CBP officer will always ask about the length and purpose of the trip. So, if your trip was under 1 year and if you have a good answer that establishes that your absence from US is temporary, you will (likely) not be questioned further.

If your answer is not found satisfactory, they may give you trouble. In the end it comes down to whether you have abandoned your residency in the US and established a residency elsewhere.

I disagree with Bob about immigration suicide

I think the risk you're running highly depends on circumstances, and you did not give much detail.

1 more question: Is that correct that a Re-Entry Permit is valid for 2 years ?

So, if the person comes back in within 1 year, if he/she goes out of the US again, he/she can use the original Re-Entry Permit to re-enter ?

Thank you.

[belinda63 3,038]

I agree it would depend on the reason for the absence. Best to have good documentation as to why you have to spend so much time outside the US since the intent of the green card is to live in the US. Documentation would be the key here to a care-free re-entry.

Although the rules say no re-entry permit is required for a stay of less than one year, a pattern of short entries into the US and long stays outside will certainly raise some questions as to your resident status.

[davidid 0]

Thank you everybody for your replies.

If one plans to be outside the US > 6 months and < 1 year, and filing the Re-Entry permit, on the I-131 question "Expected length of trip", shall one still write down 1 year 11 months so that he/she will get a 2 year Re-Entry Permit ?

[rika60607 215]

You can write two years if you like... or whatever the amount of time you expect the (whole) trip will last. You will probably get standard two years validity anyway.

Re-entry permit does not save you from necessity to maintain US residency, it does two things:

(1) Saves you from applying for a returning resident visa if your absence from US unexpectedly goes over 1 year (think medical issues, lost passports or natural disasters and flight delays).

(2) May tip the decision of the CBP towards letting you in, in case of doubt.

Thank you everybody for your replies.

If one plans to be outside the US > 6 months and < 1 year, and filing the Re-Entry permit, on the I-131 question "Expected length of trip", shall one still write down 1 year 11 months so that he/she will get a 2 year Re-Entry Permit ?

[katiemanny 64]

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently

* Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

* Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

* Fail to file income tax returns while living outside of the United States for any period

* Declare yourself a “nonimmigrant” on your tax returns

Source: USCIS.GOV

Edited April 4, 2011 by katiemanny

[waitwaitwait 3]

Time line for you?