Reentry permit

[MashaK 0]

Hello,

As a Russian citizen I moved to the United States with my mother and brother when I was about 11 years old. After I finished Middle School and graduated from High School I went back to Russia to visit my family. I’ve been back in Russia since July last year (half a year) and I’m now planning on going back to the United States, at least for a while. I’m in possession of a Green Card which won’t expire until 7 years from now.

I did not file a reentry permit before leaving the US and according to this document (http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf) an individual in possesion of a Green Card without citizenship has up to a year to reenter the United States. However, from other sources I have learned that you may only be out of the country for up to 6 months. I have tried to call the USCIS but never managed to get a hold of a real person, and making an appointment at the USCIS embassy is no option because there are simply none in any of the areas nearby.

Does anyone on these forums have more knowledge about the validity of Green Cards and reentry permits?

Thanks,

Masha

Edited February 17, 2014 by MashaK

[aleful 1,905]

hi

the reentry permit is only filed if you plan to stay abroad for over a year and up to two years

you are fine now, how much longer do you plan to stay?

[MashaK 0]

So I wouldn't have to worry about an officer not letting me enter the country when I show my Green Card? I'll fly over next month so that makes a total of about 8 months of absence.

[Removed030114 48]

Hello,

As a Russian citizen I moved to the United States with my mother and brother when I was about 11 years old. After I finished Middle School and graduated from High School I went back to Russia to visit my family. I’ve been back in Russia since July last year (half a year) and I’m now planning on going back to the United States, at least for a while. I’m in possession of a Green Card which won’t expire until 7 years from now.

I did not file a reentry permit before leaving the US and according to this document (http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf) an individual in possesion of a Green Card without citizenship has up to a year to reenter the United States. However, from other sources I have learned that you may only be out of the country for up to 6 months. I have tried to call the USCIS but never managed to get a hold of a real person, and making an appointment at the USCIS embassy is no option because there are simply none in any of the areas nearby.

Does anyone on these forums have more knowledge about the validity of Green Cards and reentry permits?

Thanks,

Masha

It appears the US travel law has changed for an LRP (green card holder). The time limit for return used to be six months, but now it's up to one-year. By the way, if you've been in Russia since July that's almost eight-months. Be very careful as you will may have to answer several questions upon re-entry to the US, as they will try to determine whether it is your intention to abandon your residency.

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States.

http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

Edited February 26, 2014 by CNTrav