Reentry Permit (for trip less than 1 year)

[gossamer 1]

Hello.  Looking for experiences traveling outside of US for less than 1 year with Green Card.  Is there any value to get a reentry permit vs just using the Green Card (as long as trip is less than 1 year).  Trying to determine if the reentry permit does anything more during reentry.  And the trip will last less than 1 year.  (I know if it were more than 1 year, the I would need to get a reentry permit).  

[Crazy Cat 41,745]

If there is a chance your trip will extend over the year limit, then get a RP.  Otherwise, it's a personal choice.  Be prepared to answer questions if you are outside the US for 6 months.   The Re-entry Permit permits re-entry....nothing more.

Edited February 6, 2022 by Crazy Cat

[arken 4,197]

By the the time the reentry permit is issued, you could already be back to the US. No point in applying if you plan to be back in less than 1 year. 

[Mike E 11,739]

If the trip is between  181 days and a day less than a year, then possibly filing the I-131 will let you overcome presumption of breaking continuous residency when you file N-400.  
 

In addition some CBP officers will give you a trauma for staying out for more than 180 days even if under one year.  
 

I do not advise trips of 181 days or more regardless. 

[gossamer 1]

On 2/6/2022 at 10:15 AM, Crazy Cat said:

If there is a chance your trip will extend over the year limit, then get a RP.  Otherwise, it's a personal choice.  Be prepared to answer questions if you are outside the US for 6 months.   The Re-entry Permit permits re-entry....nothing more.

Thank you.  The RP is for extending a trip over a year.  But doesnt mitigate any questioning or concerns of the CBP officer, still going to ask questions since away over 6 months (less than a year).

[gossamer 1]

On 2/6/2022 at 11:33 AM, Mike E said:

If the trip is between  181 days and a day less than a year, then possibly filing the I-131 will let you overcome presumption of breaking continuous residency when you file N-400.  
 

In addition some CBP officers will give you a trauma for staying out for more than 180 days even if under one year.  
 

I do not advise trips of 181 days or more regardless. 

Agreed, Ill just have to prepare for the CBP questions and why the trip was over 6 months.

[Mike E 11,739]

Just now, gossamer said:

Agreed, Ill just have to prepare for the CBP questions and why the trip was over 6 months.

Which is why you should invest in I-131. 

[gossamer 1]

39 minutes ago, Mike E said:

Which is why you should invest in I-131. 

Im not sure Im following you.  You are saying get the i-131, which is the reentry permit, and that will alleviate issues coming back to US?  (Again, trip will not exceed 1 year).

[Mike E 11,739]

7 minutes ago, gossamer said:

Im not sure Im following you.  You are saying get the i-131, which is the reentry permit, and that will alleviate issues coming back to US?  (Again, trip will not exceed 1 year).

At 181 or more days of absence, CBP has justifiable suspicion of intent to abandon status.  Filing I-131 both blunts that suspicion and is evidence in your favor should you end up in a removal trial.  
 

I cannot advise you to leave the USA for 181+ days without advising you to file I-131 and retain my privilege to post here.  

Edited February 8, 2022 by Mike E

[gossamer 1]

Just now, Mike E said:

At 181 or more days of absence, CBP has justifiable suspicion of intent to abandon status.  Filing I-131 both blunts that suspicion and is evidence in your favor should you end up in a removal trial.  
 

I cannot advise you to leave the USA for 181+ days without advising you to file I-131 and retain my privilege to post here.  

Thank you.  Im trying to get information, based on your opinion you would get a i-131 if leaving more than 181+ days.

 

But the I-131 is not a guarantee for re-entry either, so I understand the risk of either obtaining a RP or not.  My justification to leave for 181 days+ (>a year), regardless Ill have to explain to CBP on reentry,  I will have to cross that bridge upon arrival.

 

Appreciate the feedback from everyone.

 

 

[Mike E 11,739]

1 minute ago, gossamer said:

Thank you.  Im trying to get information, based on your opinion you would get a i-131 if leaving more than 181+ days.

I would not leave for even 150 days but if I left for 121+ days I’d file I-131.  
 

1 minute ago, gossamer said:

 

But the I-131 is not a guarantee for re-entry either,

Your green card is a legal guarantee of being permitted to go into the physical territory of the US of A.  Anything you’ve read or been told that you can be prevented from doing to so is erroneous.  The issues are (1) whether you will be admitted as a returning resident or paroled in as an arriving alien and (2) whether the CBP officer (a) understands the law and the policy or (b) understands it but lies about it in order to coerce / convince you into doing something like filing I-407.  
 

Filing I-131 is protection.  Protection is not invulnerability 

 

 

1 minute ago, gossamer said:

 

so I understand the risk of either obtaining a RP or not.  My justification to leave for 181 days+ (>a year), regardless Ill have to explain to CBP on reentry,  I will have to cross that bridge upon arrival.

Good luck in your quest to retain your status.  Looking forward to the follow up.  

[gossamer 1]

1 hour ago, Mike E said:

I would not leave for even 150 days but if I left for 121+ days I’d file I-131.  
 

 

That is why I was looking for practical experiences of people who did this (not sure if you had that happen you, therefore suggesting I get the i131).  

 

And based on the wait time to get i131, it may be impractical in the sense, that if I intend to leave in the next 60 days, the I131 may not even be approved.

 

I will post updates upon my return and hopefully can assist the visajourney community with my experiences.

[Mike E 11,739]

19 minutes ago, gossamer said:

And based on the wait time to get i131, it may be impractical in the sense, that if I intend to leave in the next 60 days, the I131 may not even be approved.

it definitely won’t be approved in the next 60 days. You can leave  after filing it.  
 

Quote

 

I will post updates upon my return and hopefully can assist the visajourney community with my experiences.

cool.  

Edited February 8, 2022 by Mike E

[arken 4,197]

Majority of people who plan to return within one year don't apply for RP. Of course there is a difference in returning on 250th day vs 360th day. 

[gossamer 1]

3 hours ago, arken said:

Majority of people who plan to return within one year don't apply for RP. Of course there is a difference in returning on 250th day vs 360th day. 

Agreed, of course the less time spent out of the country is best.  But my original question was trying to see if anyone had experiences on arrival with GC vs RP.  In your example, did it benefit anyone to return on day 250 with GC or RP... or day 360 GC or RP.  If not, then I think based on responses, Ill take the risk and leave and upon arrival enter with GC.  I feel like CBP officer will decide how difficult to make the entry.