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By: Jennifer Fabian-Verzosa, Esq.
IF YOU ARE A LAWFUL PERMANENT RESIDENT (LPR) INTERESTED IN TRAVELING OUTSIDE THE U.S. FOR MORE THAN 1 YEAR , YOU’RE IN LUCK. TODAY’S POST CONTAINS HELPFUL TIPS FOR THE I-131 RE-ENTRY PERMIT APPLICATION. LET’S GET STARTED.
- You must be physically-present in the U.S. when filing your Reentry Permit Application. That means, please do not leave for your year-long vacation to the Philippines without first filing the I-131 Application.
- Your Reentry Permit cannot be “extended.” You must apply for a new reentry permit each and every time.
- A Reentry Permit for an LPR can be valid for up to 2 years.
- Biometrics are required if you are between the ages of 14 and 79 years old. Soon after sending in your application, USCIS will schedule you for a fingerprinting & photo appointment at your nearest Appointment Service Center (ASC).
- Not everyone has to pay the filing fee. There is no filing fee if you are filing as an adjustment applicant, or if you are filing based on humanitarian parole. There is also no fee if you are requesting a new card due to USCIS error. Before applying, you should check on the USCIS website to determine whether you qualify under one of the categories that does not require a fee.
- An LPR does not need to obtain a Reentry Permit for short travel outside the U.S. A reentry permit is essential only for travel outside the U.S. that is expected to last more than 1 year. If you are not really sure how long you will remain outside the U.S. (but you know it will be close to 1 year), it is probably a good idea to get a Reentry Permit. Consult with an immigration attorney for advice for your specific situation.
- With that said, even short travel outside the U.S. could still put you at risk of abandoning your LPR status if the facts show that you truly intended to take up residence in another country. Be careful, and be sure to consult with an immigration attorney if you are not sure whether your specific travel might put you at risk of losing your green card forever.
“Even short travel outside the U.S. could still put you at risk of abandoning your LPR status if the facts show that you truly intended to take up residence in another country.”
8.TMerely having a Reentry Permit does not “preserve” your ability to qualify for later Naturalization (U.S. Citizenship). A Reentry Permit merely tells USCIS that you do not intend to abandon your LPR status, i.e., that you intend to come back from your lengthy vacation. A lengthy absence from the U.S. could still affect your ability to qualify for U.S. Citizenship in the future. It is best to consult with an immigration attorney before your trip for legal strategy and future planning in this area.
9.Some of the criteria required to expedite a Reentry Permit request are:
- Severe financial loss to company or person
- Extreme emergency situation
- Humanitarian reasons
- National interest situation
Expedite requests should be filed with the application. Speak with an attorney to help you determine whether you might be eligible for an expedite request, and how to make such request. Requests are fact-intensive and USCIS grants them on a case-by-case basis.
10. U.S. Citizens do not need a Reentry Permit to take a year-long (or more) vacation outside the United States!
Contact our FRIENDLY IMMIGRATION OFFICE for an affordable Reentry Permit Consultation-Only Service , or for more information about the Complete Reentry Permit Package (which includes consultation, I-131 application filing, and case monitoring). We conveniently assist clients *nationwide* (and remote packages save you money too)! Learn how here .
*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com
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** Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**
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DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.
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