What is a Re-entry Permit and How to Obtain It?

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

A Re-entry Permit is a travel document issued to individuals who hold permanent residency (green card) in the United States (US) and need to stay outside the US for more than one year. Green card holders who remain outside the US for extended periods risk jeopardizing their permanent residency status. US Customs and Border Protection (CBP) officers may determine that individuals who stay outside the US for long periods no longer intend to live permanently in the US, and they may revoke their green card. To avoid this, the Re-entry Permit helps green card holders maintain their legal status when they need to be abroad for work, education, health, or personal reasons.

• Why is a Re-entry Permit Necessary?
• Benefits of a Re-entry Permit
• How to Apply for a Re-entry Permit
• Important Considerations about the Re-entry Permit
• Frequently Asked Questions About Re-entry Permits

If you have any additional questions on this topic, feel free to reach out through the comments section below this article, message me directly via LinkedIn, or contact me through CK Law Firm’s website, where I am a co-founder.

Why is a Re-entry Permit Necessary?

The US requires individuals with permanent residency to maintain their primary residence within the US. However, in some cases, green card holders may need to travel abroad for an extended period. For example:

• Employment: A green card holder may receive a job offer to work in another country or may be temporarily assigned overseas by their company.
• Education: A permanent resident student may participate in a study program or engage in a long-term research project abroad.
• Health: An individual may need to receive medical treatment in another country.
• Family Reasons: One may need to assist family members or stay abroad for family-related reasons.

In these situations, a Re-entry Permit allows you to remain outside the US for an extended period without losing your permanent residency status. If you plan to stay outside the US for more than one year, applying for a re-entry permit will help secure your status.

Benefits of a Re-entry Permit

• Protecting Your Green Card: Staying outside the US for extended periods can put your permanent residency status at risk. A Re-entry Permit reduces this risk and secures your right to return to the US.
• No Negative Impact on Citizenship Applications: Traveling outside the US with a Re-entry Permit does not negatively affect your future US citizenship application, as this document is considered consistent with the intent to maintain permanent residence.
• Multiple Uses: The Re-entry Permit is valid for two years, during which you can travel multiple times. This is advantageous for individuals who need to travel frequently abroad.
• Visa Convenience: In some countries, a Re-entry Permit may offer visa exemptions or simplify visa applications. However, since this doesn’t apply to all countries, it’s essential to check the visa requirements of the country you plan to visit before traveling.

How to Apply for a Re-entry Permit?

The Re-entry Permit application process must be carefully followed, and all necessary documents should be completed. Here’s a step-by-step guide to the process:

Complete Form I-131

To obtain a Re-entry Permit, you must complete Form I-131, Application for Travel Document. This form is used by individuals with permanent residency in the US to obtain travel documents that allow them to re-enter the US after traveling abroad.

Where Can I Find Form I-131? You can download Form I-131 from the official USCIS website. Make sure to fill out the form carefully and provide accurate information.

Where Should the Application Be Submitted? You must mail the completed form and required documents to USCIS. You cannot submit your application while outside the US; you must be physically present in the US at the time of application.

Prepare the Required Documents

The following documents are typically required during the application process:

• Green Card (Form I-551): A copy of your valid permanent residency card (green card).
• Passport Copy: A copy of the identification page of your valid passport.
• Documents Explaining the Purpose of Travel: For example, if you’re traveling for work, provide your employment contract, or if traveling for education, provide your acceptance letter.
• Biometrics: Two passport-sized photos.

Application Fees

The Re-entry Permit application fee is paid when completing Form I-131. As of 2024, the application fee is approximately $575, but this amount may change over time. Be sure to check the current fees on the USCIS website. Additionally, you will need to pay an extra fee for the biometrics process (around $85).

Biometrics Appointment (Fingerprinting and Photos)

After submitting your application, USCIS will schedule a biometrics appointment where they will take your fingerprints and photograph. Biometrics is necessary to verify your identity as part of the application process.

Application Processing and Outcome

After completing the biometrics appointment, your application will be reviewed by USCIS. The processing time usually takes up to 6 months. If approved, your Re-entry Permit will be mailed to your address.

Re-entry Permit Validity

A Re-entry Permit is typically valid for two years. During this time, you can stay outside the US for extended periods. However, you must return to the US before the permit expires or apply for a new Re-entry Permit. If you still need to remain abroad after two years, apply for a renewal before the expiration date.

Important Considerations about the Re-entry Permit

When Is a Re-entry Permit Necessary? If you plan to stay outside the US for more than one year, you must apply for a Re-entry Permit. If you stay outside the US for more than 6 months, you may also be subject to additional questioning by customs officers, so it’s essential to plan your travels carefully.

Can You Apply While Outside the US? No, you must be physically present in the US when applying for a Re-entry Permit.

Renewal Requirement: A Re-entry Permit is valid for two years. If you continue to remain outside the US, you must reapply for a new permit before the current one expires.

Frequently Asked Questions About Re-entry Permits

1. Is it mandatory to get a Re-entry Permit?
   No, it’s not mandatory. However, it’s highly recommended for green card holders who plan to stay abroad for extended periods, especially those staying more than one year.
2. How long does the application process take?
   Re-entry Permit applications typically take 3 to 6 months to process. However, processing times may vary based on USCIS workload and individual circumstances.
3. Can a Re-entry Permit application be denied?
   Yes, your application can be denied. Common reasons include incomplete or incorrect information, failure to provide required documents, or not meeting USCIS criteria.
4. How long can I stay outside the US with a Re-entry Permit?
   A Re-entry Permit is generally valid for 2 years. You can stay outside the US during this period, but you must renew the permit before it expires if you need to remain abroad longer.
5. Does a Re-entry Permit affect US citizenship applications?
   No, a Re-entry Permit does not directly affect your US citizenship application. However, time spent outside the US may not count towards the physical presence requirement for citizenship. Prolonged absences could delay your eligibility for citizenship.

Conclusion

A Re-entry Permit is a vital document for green card holders who need to stay outside the US for extended periods. Whether for work, education, health, or family reasons, applying for a Re-entry Permit ensures that your legal status remains intact. At CK Law Firm, we offer guidance and legal consultation during the Re-entry Permit application process. For professional support, detailed information, or to schedule a consultation, feel free to contact us through our website at cklawfirm.org, email us at info@cklawfirm.org, or reach out via LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.