Reentry Permit FAQs

Parents who are GC holders, applied for reentry permits, left USA; do they need to return to the USA or can they wait till I-131 is processed?

Authored on: Thu, 11/03/2022 - 05:11

Question

My parents who are green card holders applied for the i-131 travel document in Sept 2021. They finished their biometrics in Oct 2021 and left the USA on Nov,14th 2021.
There has not been an update to the case after the biometrics. Do they need to return to the US by Nov 14th, 2022? Or can they wait till the I-131 application is processed before returning to the US?
 

Answer

Video URL

Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection

Authored on: Tue, 09/21/2021 - 06:43

Question

My spouse has her green card from 2014 and she has been travelling regularly to India to take care of her ailing Father.
She had been coming back to USA within Less than 6 months and staying in the US for a few months
and travelling back again. This has has been going on for the past 6 years. In between she got a reentry permit for 2 years which has expired.
recently she travelled back to the US after 8 months and had a tough time with the immigration officer who questioned regarding the
extended stay in india and finally she was allowed in with the regular stamp in the passport. No comments/special notes were made in the passport.She has now applied for a new re entry permit and waiting for its approval.

she co owns the house and a partner in the LLC and has been filing US resident taxes and I have
been working and staying in the US during the entire period .

1) Based on the above details is it safe for her to travel once her re entry permit is approved?
2) Should she wait for a specific period of time before she can travel ?
3) Would carrying a copy of the House title,LLC partnership details and copy of the Tax filing help
in case she is questioned at the Port of entry.

Answer

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Reentry Permit to Preserve Green Card and Extensions

Authored on: Thu, 07/27/2017 - 06:16

Question

I am a naturalized US citizen through marriage since August 2015. I have sponsored for my brother and mother. Being an immediate family member my mother got her green card within 7 months and for my brother, it's probably a waiting for 12 years. However, I have not sponsored for my father yet because he is currently handling the business and property in India. My father has tried 3 times for tourist visa in last 2 years but he got rejected by the US embassy in Delhi. We don't want to try again for the tourist visa now. I want to sponsor green card for him now but need advice on a couple of concerns. It can take my father up to 7 years to wrap up everything. What is required for my father to maintain his green card in terms of physical presence/physical travel How long can it maintained without being actually living in the USA more than 6 months? We cannot do an investment here for a new house in his name due to financial concerns. In other words, I have concerns like if my father is unable to maintain the green card status and unable to obtain a tourist visa, then will he be stuck in India forever?

Answer

Watch Video on this FAQ: Reentry permit to preserve green card and extensions

Video Transcript

I think it is ok. You can get him a green card and then do a re-entry permit if you feel that's appropriate and if he loses his green card then he loses it. That's ok, you can always reapply again. If you have something to file, please go ahead and file it and don't wait up for it. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Rights and Obligations after Green Card

Authored on: Wed, 06/14/2017 - 03:32

Question

1. I got my green card after that should I notify any US government agencies and Indian government regarding the change in status and having received my Green Card? <br>
2. Is there any restriction on my traveling outside the USA when I am on Green Card status?<br>
3. So what if I want to go to India for two months? <br>
4. What is N-470?<br>
5. Does any unemployment in the future affect Green card?

Answer

1. There is no such requirement that I am aware of at this point today (June 2017) that you have to notify any US government agency or Indian government just because you received your Green Card. However, what you should do is you should inform your employer that you have got your Green Card so they can update your Form I-9 which is an internal matter within the files of the employer. They don't have to update any government agencies.

 

2. Now, traveling has certain predicates or certain dependencies that should be calculated and that should be known. First of all, people have this idea that if I leave the USA for less than 6 months I won't lose my Green Card. Well, its little bit more complicated than that. Technically, if you leave the United States after you got the Green Card, you leave the United States with the intention to never come back even if you are gone for one day and the second day you change your mind and come back. If it could be proven that you left with the intention to never come back your Green Card is gone. So, the first thing very important - your intention. If you have to travel outside the USA where your intention is never to come back, your Green Card technically can be lifted.


3. No problem at all, especially when your home is in the USA, you live here, you work here, your children go to school here taking vacations for a month, two months even three -four months is not the problem. So, some of these factors are important. Sometimes what happens is, let’s say you are in the USA and decide to go to India and take the job over there for two or three months and that goes up to seven or eight months you could be in trouble because the government can say that it looks like you quit your job here. The job is important, where your children are going to school is important, your permanent home is important. These are not issues for most of the people who live in the USA but I am just pointing out these so when a situation arrives I want you to consult a lawyer before you make a plan.

An Intention is a state of mind, the state of mind cannot be directly looked at it can only be inferred from circumstances. So circumstantial evidence is important to prove your intention. For example, if you leave the USA with a one-way ticket and you don't come back for one year, chances are you lost your Green Card because if you are outside the USA for more than one year you will automatically lose your Green Card.

There is something called Reentry permit which allows you to go up to two years and the reentry permit is a definitive announcement by the US Green Card holders that I do not intend to give up my Green Card. It is not the full proof for saving your Green Card but it is quite effective, if you need to go away for two years you can file for a reentry permit.  

For reentry permit, you have to be in the United States to file for it. After you file it within a few weeks you will be scheduled for Biometrics. You have two choices whether you file and leave the USA, you have to be physically present when USCIS receives your application and then you can leave and come back for the Biometrics or you can stay here, do your Biometrics and then you go. The choices for receiving your reentry permit when it is approved are either to your lawyer or to the address in the United States or to the Consulate of your home country. If you go to live in Mumbai, you could pick up your reentry permit in Mumbai Consulate. 

If you face a very bad emergency when you are in India, you can always apply for reinstatement of Green card which is called Returning Resident Permit or SB-1 Visa, that is done through the US Consulate. You go to the Consulate, explain to them in writing through the form. Everything has a Form, that shows that your stay was unintentional, they can take time and reinstate your Green Card for you. There is another Form you need to fill in, that's called Form N-470. 

 

4. N-470 is a highly misunderstood Form. N-470 is helpful in naturalization only to the extent that normally, if you are gone for one year you have to start naturalization five years all over again. Normally, you can apply for Naturalization five years after you get your Green Card. If you need to stay away for one year you have to start your five years all over again. By filing N-470 you prevent that re-setting your five-year clock and there are very specific rule that covers N-470 including that there must be one year during which after getting the Green Card you must not have traveled outside the USA even for one day, this is one odd little rule but keep all these things in mind. So, N-470 is usually filed in conjunction with reentry permit application.

 

5. No, of course not.

Joining a company other than green card sponsor, staying abroad after green card and reentry permit

Authored on: Wed, 03/15/2017 - 09:22

Question

I am working for same company for more than 9 years out of which 2007 to Aug 2014 in the US and since Aug 2014 in India Development Center for the same company. I have visited the US frequently (4 times) between Aug 2014 to Sep 2015 and in India since then (through Advance Parole). I received my GC on 6/26/2016 and have got the physical cards delivered to me in India by a friend traveling from the USA. My father was sick for last one year and passed away on 15th Nov 2016. I have EAD card with validity till 12/10/17 (Not Valid for reentry to the US). My Advance Parole has expired on Dec 29, 2016. Also, 6 months timeframe for GC entry to the US has expired on 12/26/2016. <br>
I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA.<br>
1. Can I directly join some other company in the USA using the same GC my company has filed for me? If yes, are there any legal formalities/paperwork involved to do that?<br>
2. I have already filed for Advance Parole twice between 2014 and 2016. Once I am in the USA, can I file for a Re-entry permit to get a leave for another 2 years outside the USA to support my mother while she is going through recent grief? <br>
3. How long does the process for Reentry permit application take? Do I need to stay in the US till the time application is approved or can I leave for India once application is filed and bio-metric is done?<br>
4. On a side note - I have no earnings in the US for the year 2016 but I must file the taxes as a GC holder (and also to maintain my ties with the US). Do you have references for any good CA who can help me with this?

Answer

Watch Video on this FAQ: Joining a company other than green card sponsor; staying abroad after green card - reentry permit

Video Transcript:

You have to take the green card job to make yourself safe. If you come to the USA and you take the green card job intending to work for this company in the USA on an indefinite basis and with the consent of the company you can apply for a reentry permit. A reentry permit is not a guarantee, but it is a formal declaration by you that says that you are going to live outside the USA for up to two years and not to take your green card away.

A1. I think it is a little risky.

A2. Not from outside USA. You will have to come into the USA.

A3. After you file for your biometrics, it takes about 6-8 weeks to get it done and then you can leave and the reentry permit can be picked up even at your lawyer's office or at any USA address that you have given or at the consulate in your home country.

A4. For green card holders, you can never file taxes as a non-resident. The best thing is because you are living in India we have some kind of a taxation relief treaty with India so that you don't have to pay taxes twice. More...

 
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

How can a US green card holder study abroad without losing their green card?

Authored on: Thu, 02/23/2017 - 00:22

Question

I am a permanent resident, a citizen of Poland. I want to study medicine in Poland. The program lasts 6 years. I don't want to abandon my status and want to understand if such long-term abroad is possible. If I am not mistaken GC holder can be away 6month-1 year. But, since I'll be out of US on regular basis, so it's best to apply for a reentry permit?

Answer

Watch Video on this FAQ: How can a US green card holder study abroad without losing their green card?

Video Transcript:

I can only guess that in a situation like this since there is a specific reason why you are leaving the USA, reentry permit is not a guarantee of being able to keep your green card, but the reentry permit is your definition that I want to keep my green card though I am going away for a long period of time and I want to come back. More...

Reentry Permit

Authored on: Fri, 09/25/2015 - 04:29

Question

I am a green card holder and received it on Oct 21, 2011. I moved to India on Nov 21, 2013 . I applied for a re-entry permit before I left USA and I have a permit valid up to Mar 10, 2016.

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/OMuYdzLJ2qQ?t=914

FAQ Transcript:

I want to point something to you, there is lot of misconception about re-entry permit. Reentry permit does not give you an irrevocable right to stay away from USA, but it is as close as you are getting security in maintaining your Green Card. Reentry permit simply says this; the fact that you are away for two years cannot be used by itself as a ground for revoking your Green Card. If on the other hand, it appears that you have no intention of coming back and you are abandoned your intention to live in the United States, they will take away your Green Card even if you have the Reentry Permit.

As a practical matter, USCIS does not look behind the Reentry Permit. So far I have not seen any cases. But don't think it's a foregone conclusion just because you have Reentry Permit, you are hundred percent protected. No such thing.

Another thing to remember is you don't have to visit USA even once, while the Reentry Permit is in play. But you must enter USA before the Reentry Permit expiration, if you want to extend it. And extension can only be done while you are physically present in the United States. You cannot send application via courier from India to USCIS, like as you asked. That's the way it should be.  

Green Card And Re Entry Permit

Authored on: Thu, 08/21/2014 - 12:56

Question

What happens if green card expires while away on reentry permit and it's not possible to stay and return to USA to renew?

Answer

You lose your green card status. Reapplying or trying to get a returning resident permit would be the only two options that I can think of.

Naturalized Citizen Sponsoring Parents

Authored on: Tue, 09/17/2013 - 01:42

Question

I am a brand new citizen and I am filing papers to bring my parents from England to NY to live with my husband and our four children. As I understand it once they get their interview and medical stuff out of the way, and get their visas do they enter as Legal Permanent residences?

Answer

They will enter the USA as permanent residents. The duration of the immigrant visa is stated on the visa stamp (I think it will be 6 months) and they must enter the USA within that time. They can come and leave after they get their green card in the USA. Read the instructions on the Form I-131 for reentry permit if they expect to be gone for 6 months or more.

Green Card Holder With No Reentry Permit

Authored on: Fri, 03/22/2013 - 03:12

Question

My husband is a UK citizen and has a Green Card, but no re-entry permit. I am a US citizen. We have been living in China for 6 years for my job and plan to return to the States. The last time my husband was in the US was 3.5 years ago. What is the process that he needs to go through to be able to reenter the States and hold onto his Green Card?

Answer

Start with contacting the local U.S. Consulate. See if they can issue a returning resident permit  (also called SB1 visa).

http://travel.state.gov/visa/immigrants/info/info_1333.html