| Q. |
Applying for re-entry permit again
I have my green card. I understand that to stay outside of US for more than 1 consecutive year, I need to apply for a re-entry permit before leaving US. Once my re-entry permit expires (after 2 years), then can I apply for another re-entry permit and stay out of US for another 2 years? If this is allowed, what are the possible consequences?
User's Location:
Berkeley, California, United States of America
Category:
Employment-based Green Card
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| A. |
Any permanent resident of the U.S. who will spend large amounts of time outside of the U.S. needs to be aware of any possible abandonment issues.
In general, you need to be mindful of any absences of six months or more from the U.S. as a permanent resident. If you plan to physically be outside of the U.S. for more than one year, you absolutely need to file for a reentry permit. (Note that this time spent outside the U.S. will also affect your naturalization eligibility)
An individual must file for a reenytry permit while s/he is physically present in the U.S. There is a new biometrics requirement attached to the reentry permit so you will need to stay in the U.S. for 3-4 weeks or longer until your biomterics is scheduled and completed. If need be, you can schedule an expedite request for your biomterics appointment along with your I-131 reentry permit filing. For info on the new biometrics requiremnt and requesting an expedited appointment see:
http://www.uscis.gov/portal/site/uscis/menuitem...
In addition to filing for a reentry permit, it is also very important to keep as many ties to the U.S. as possible to prove your intent to return and your intent to NOT abandon your permanent resident status. If possible, it is always advisable to keep a residence in the U.S. (I know that is not always possible) Other important ties can be bank accounts, insurance, scheduled employment back in the U.S. etc. In addition, it is also very important that you continue to file U.S. taxes as a permanent resident.
You may obtain an initial reentry permit valid for two years. You may also obtain a subsequent reentry permit valid for an additional two years. In fact, under 8 CFR section 223.2(c)(2), you may be able to obtain a total of six years total in reentry permit time, but after that 6 years the question really arises as |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| A. |
Part of my response was cut off. Here is the rest:
...after 6 years the question arises as to your real and true intent to return and restablish residency in the U.S.
Current processing of reentry permits is about 7 months. (We recently received reentry permits for a family and processing was a little over 7 months)
Summary:
(1) You must be physically present in the U.S. when you apply for reentry permit.
(2) New biometrics requirement requires you to stay until that is processed.
(3) You may leave US after reentry permit is filed and biometrics processed. (You may be outside the US while reentry permit is pending.
(4) You may obtain an initial 2 years, another 2 years, and possibly another 2 years for a total of 6.
(5) Even with reentry permit, try to return to US once every 12 months if possible.
(6) Maintain as many ties to U.S. as possible--residence, bank accounts, etc.
(7) Make sure to continue to file US taxes as a permanent resident.
Regards,
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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