Our firm recommends a Reentry Permit for anyone who has to travel overseas regularly using their green card.  A Reentry Permit provides an application, filed with U.S. CIS, clearly indicating one’s intent to maintain permanent residence, no matter how long (up to two years continuously, in theory) or how frequently one leaves the United States.  

There is a lot of conflicting information on the Internet about how much time a U.S. person can spend outside the United States before jeopardizing their green card.  But what we know in terms of the law is that one may leave for up to 6 months in a row without demonstrating intent to renounce their green card and technically, returning within 6 months means the person should not be questioned about maintaining immigrant status, ie, keeping their green card. From 6-12 months of absence, the person will be questioned on their intent to maintain lawful permanent residence and should be prepared to discuss certain indicators of keeping their permanent residence and also the reason for having to take an extended leave of absence from the United States (medical for self or parents). And after 12 months, USCIS can make a determination that one has given up their green card status which must be fought with evidence of keeping ties to the United States and providing a clear reason for the extended absence from the U.S. in order to attend to longer-term business or medical issues for one’s self or loved one.

We ask our clients to never hand over the card to give up voluntarily.  And do not sign it away on a paper at the border. Argue your intent to have maintained U.S. permanent residence to get it back if necessary.  And in a worst case scenario, allow yourself to be put into Deferred Inspection so that a lawyer can fight for you in a court of law to get the green card back by showing ties to the United States which you can assemble between the time you make the entry and your court date for deferred inspection. 

All of this can be largely avoided by filing a Reentry Permit which tells the US Department of Homeland Security (our borders) in advance that your extended absences of up to 2 years were anticipated for a certain reason like schooling outside the United States.  And that upon re-entry, you have asked for the extended absences to not be counted against your intent to preserve permanent residence.

A Reentry Permit can be extended several times, but in that respect, one must be careful about the true reason for being overseas for extended periods and take care to bring their work and job back to U.S. soil regularly and always to maintain evidence of ties to the United States – bank accounts, retirement accounts, personal property like a vehicle kept in the U.S. and real property if at all possible like a house or a lease.

In contrast, while the Filing Form is the same as for a Reentry Permit, “Advance Parole” is a document for certain aliens to re-enter the United States after traveling abroad when the person does not have immigrant visa (green card) or nonimmigrant visa. Such aliens must be approved for Advance Parole before leaving the United States. As a general rule, if an alien has not obtained Advance Parole prior to traveling abroad, he/she will not be permitted to re-enter the United States upon their return unless he/she has a valid visa. We use these for people who have pending green cards in order to allow them to travel while the case for Adjustment of Status is pending.

Reentry Permits for Green Card Holders 

Our firm recommends a Reentry Permit for anyone who has to travel overseas regularly using their green card.  A Reentry Permit provides an application, filed with U.S. CIS, clearly indicating one’s intent to maintain permanent residence, no matter how long (up to two years continuously, in theory) or how frequently one leaves the United States.  

There is a lot of conflicting information on the Internet about how much time a U.S. person can spend outside the United States before jeopardizing their green card.  But what we know in terms of the law is that one may leave for up to 6 months in a row without demonstrating intent to renounce their green card and technically, returning within 6 months means the person should not be questioned about maintaining immigrant status, ie, keeping their green card. From 6-12 months of absence, the person will be questioned on their intent to maintain lawful permanent residence and should be prepared to discuss certain indicators of keeping their permanent residence and also the reason for having to take an extended leave of absence from the United States (medical for self or parents). And after 12 months, USCIS can make a determination that one has given up their green card status which must be fought with evidence of keeping ties to the United States and providing a clear reason for the extended absence from the U.S. in order to attend to longer-term business or medical issues for one’s self or loved one.

We ask our clients to never hand over the card to give up voluntarily.  And do not sign it away on a paper at the border. Argue your intent to have maintained U.S. permanent residence to get it back if necessary.  And in a worst case scenario, allow yourself to be put into Deferred Inspection so that a lawyer can fight for you in a court of law to get the green card back by showing ties to the United States which you can assemble between the time you make the entry and your court date for deferred inspection. 

All of this can be largely avoided by filing a Reentry Permit which tells the US Department of Homeland Security (our borders) in advance that your extended absences of up to 2 years were anticipated for a certain reason like schooling outside the United States.  And that upon re-entry, you have asked for the extended absences to not be counted against your intent to preserve permanent residence.

A Reentry Permit can be extended several times, but in that respect, one must be careful about the true reason for being overseas for extended periods and take care to bring their work and job back to U.S. soil regularly and always to maintain evidence of ties to the United States – bank accounts, retirement accounts, personal property like a vehicle kept in the U.S. and real property if at all possible like a house or a lease.

In contrast, while the Filing Form is the same as for a Reentry Permit, “Advance Parole” is a document for certain aliens to re-enter the United States after traveling abroad when the person does not have immigrant visa (green card) or nonimmigrant visa. Such aliens must be approved for Advance Parole before leaving the United States. As a general rule, if an alien has not obtained Advance Parole prior to traveling abroad, he/she will not be permitted to re-enter the United States upon their return unless he/she has a valid visa. We use these for people who have pending green cards in order to allow them to travel while the case for Adjustment of Status is pending.

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