As a rule, a U.S. permanent resident cannot leave the U.S. for more than one year at a time. Doing so triggers the presumption that he or she has abandoned his or her permanent residence in the U.S. A permanent resident in need of leaving the USA for more than one year, and does not want to be considered as having abandoned his or her green card, may file an application for a reentry permit. This document allows a permanent resident to remain outside the U.S. for more than one year, without being presumed to have abandoned his or her green card.
The applicant must file Form I-131 with the U.S. Citizenship & Immigration Services (USCIS) while physically present in the U.S. Applicants between the ages of 14 and 79 must also submit a biometrics requirement while in the U.S. USCIS has stated that it may deny reentry permit applications for those applicants who leave the U.S. after submitting their applications but before receiving their biometrics. If a permanent resident remains outside the U.S. for the duration of the reentry permit, that time spent outside the U.S. does not count toward the required period of continuous residence for U.S. citizenship (five years, or, if married to a U.S. citizen, three years). The maximum initial duration of a reentry permit is two years. Reentry permits may be extended in two year increments for a maximal duration of six years, but the applicant must provide USCIS with a reason for requesting a reentry permit. In addition, the applicant must prove and continue maintaining ties to the U.S. while staying abroad.
All said and explained in this article does not constitute a legal opinion and does not replace legal advice. Responsibility for using the wordings and opinions conveyed in this article relies solely and entirely on the reader.
This article was written by Dotan Cohen Law Offices, working in the field of immigration law in the United States, Canada, Australia and England.
