If you are a green card holder planning an extended trip outside the United States, a re-entry permit may be one of the most important applications you file before you leave. Most green card holders are aware that long absences can create problems, but fewer understand exactly what a re-entry permit does, how long it takes to get one, and whether it is actually worth pursuing.
What Is a Re-Entry Permit?
A re-entry permit is a travel document for green card holders who need to remain outside the United States for more than one year. It is filed using Form I-131 and essentially notifies the government in advance that you have a legitimate reason for your extended absence and are requesting that it not be counted against your permanent resident status.
Without a re-entry permit, a green card holder who remains outside the U.S. for more than one year risks being accused of abandonment. If Customs and Border Protection determines that you have abandoned your permanent residence, they can deny you entry and initiate proceedings to take away your green card entirely. A re-entry permit does not guarantee that your absence will be forgiven, but it demonstrates good faith and gives you up to two years of protected travel time outside the country.
The Physical Presence Requirement
One of the most commonly misunderstood aspects of the re-entry permit process is the physical presence requirement. You must be physically inside the United States when you file Form I-131, and you must also be present in the U.S. to complete your biometrics appointment, which involves fingerprinting and identity verification.
This requirement trips up many green card holders. If you file the application while outside the U.S., or if you leave before attending your biometrics appointment, your case will be denied. For people with complicated travel schedules or urgent reasons to leave, coordinating the filing and biometrics around a U.S. stay can be genuinely difficult. Planning ahead is essential.
How Long Does a Re-Entry Permit Take?
Processing times for re-entry permits have become a significant problem in recent years. These cases are currently taking anywhere from 18 months to two years or more to be approved. A case that came in at 18 months was considered fast by recent standards.
This means that if you know you will need to be outside the United States for an extended period, you need to start the re-entry permit process as early as possible. Waiting until your departure is imminent is not a viable strategy given current processing times.
Is a Re-Entry Permit Worth Getting?
Even with the long processing times and the physical presence requirement, applying for a re-entry permit is generally the right move if you know you will be outside the U.S. for an extended period. Here is why.
First, it demonstrates to the government that you were aware of your obligations as a permanent resident and took proactive steps to address your situation. If you are ever accused of abandonment, having a re-entry permit application on file shows that you tried to do things the right way. Second, it provides up to two years of documentation supporting your intention to maintain your permanent residence in the United States.
While waiting for the permit to be approved, try to visit the United States at least every five months to avoid crossing the six-month absence threshold, which can independently raise abandonment concerns even if a re-entry permit application is pending and can help later for Naturalization (Citizenship).
Exceptions and Special Circumstances
There are certain situations where green card holders may qualify for exceptions related to extended absences. These include joining the U.S. military or having a U.S. citizen or permanent resident spouse who is being relocated abroad for work with a U.S.-based international company. These exceptions are narrow and specific, but they are worth exploring with an immigration attorney if your situation might qualify.
It is also important to be aware of how extended absences can affect your eligibility to apply for U.S. citizenship. Certain exceptions may allow you to file for naturalization sooner than the standard timeline, but the rules are complex and the specifics depend on your individual circumstances.
The Bottom Line
If you are a green card holder and you know you will be outside the United States for more than a year, apply for a re-entry permit before you leave. File early, make sure you are physically present in the U.S. when you submit the application, and attend your biometrics appointment before departing. Even if the permit takes a long time to be approved, having it on record protects you and demonstrates your commitment to maintaining your permanent residence.
If you are a green card holder navigating extended travel or at risk of abandonment, our team is here to help. Contact us today to schedule a consultation with Attorney Khosravi.
