Re-Entry Permits for US Green Card Holders: Maintaining US Permanent Residence Status

Re-Entry Permits for US Green Card Holders

For those that have U.S. Permanent Residency (Green Card Holders) but are planning on leaving the United States for an extended period of time (over a six-month period), one should file for the I-131 Re-Entry permit. Those that have not filed and have been absent from the United States for a long duration, can risk having their Green Cards confiscated, or can be made to “give up” their Green Cards while attempting to re-enter the U.S. as they have “abandoned” their Legal Permanent Resident (LPR) status.

How to apply for a US Re-Entry Permit

In order to apply for the I-131, one has to be physically within the U.S. when applying and should have a valid reason for leaving the U.S. Further, one should continue to maintain strong ties to the U.S. (which can come in a variety of different forms) as even with the I-131, there have been cases that an over-zealous officer has attempted to make the LPR give up their status. Cases such as these can be rectified slightly easier because of the I-131 but unfortunately, there are no guarantees.

If you are a LPR and are planning to leave the United States, it’s best to speak to an immigration attorney to discuss your specific situation. Further, if you are a Permanent Resident that has already left the U.S., and you have not abandoned your status, there are different options that can be explored in your case as well. From what we have seen, a struggling economy, brings about different and varied results from officers and immigration officials in general. Being proactive with any potential Green Card issues that can arise by applying for a US Re-Entry Permit will save you much grief rather than waiting for the unsettling to occur.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

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