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Less
Than a Year: Use Your Green Card
If you are a lawful permanent resident (immigrant) returning
to the United States from a visit abroad of less than a year,
you may apply for readmission by presenting your Permanent Resident
Card ("Green
Card")
to the immigration authorities at a port of entry.
(The one-year
time limitation does not apply to the spouse or child of a member
of the Armed Forces of the United States, or of a civilian employee
of the U.S. Government stationed abroad pursuant to official orders.
In this case, the spouse or child must present the card mentioned
above, not have relinquished residence, and be preceding or accompanying
the member or employee, or be following to join the member or employee
in the United States within four months of the return of the member
or employee).
1-2 Years: Reentry Permit
If you are a lawful permanent resident or conditional permanent
resident and wish to remain outside the United States for more than
one year, but less than two, you require a reentry permit. A reentry
permit is not required for a trip that is shorter than one year.
(You should note that an absence of more than one year will break
the period of continuous residence required to become a citizen,
even if a reentry permit is issued -- see Application
for Preservation of Residence).
A Reentry Permit is also issued to lawful permanent residents who
want to travel outside the United States, but cannot get a national
passport from their country of nationality. A reentry permit is
valid for two years and may not be extended.
An application
(Form I-131, Application for Travel Document), along with the supporting documentation and
fees, should be submitted while in the United States, at least 30
days prior to your proposed date of departure, to: U.S. Citizenship and Immigration Services, Northern Service Center, 100 Centennial
Mall North, Room B-26, Lincoln, Nebraska 68508. If you think you
may have to leave the United States before the reentry permit is
received, you may have it sent to a U.S. Consulate or USCIS office
overseas for pick up. There is a place on Form I-131 to furnish
the information necessary to receive the reentry permit outside
of the United States. However, even though you may receive the reentry
permit overseas, the application must be submitted while you are
still in the United States.
Application
for Preservation of Residence
A
Reentry Permit does not preserve residence for naturalization purposes.
Form N-470 (Application to Preserve Residence
for Naturalization Purposes) must be filed
with USCIS
prior to departure from the United States. This form is for lawful
permanent residents who must leave the United States for certain
employment purposes and wish to preserve their immigrant status
in order to pursue naturalization. Further information may be obtained
from the USCIS office having
jurisdiction over your place of residence in the United States.
Returning Resident (SB-1) Visa
If you
are a lawful permanent resident and you are unable to return to
the United States within the travel validity period of a Permanent
Resident Card (one year), or a Reentry Permit (two years), you may
apply to the nearest
U.S. consular office
for a special immigrant Returning Resident (SB-1) visa. To qualify
for this status, you must show that:
- You were
a lawful permanent resident when you departed the United States;
- When you
departed, you intended to return to the United States and you
have maintained this intent;
- You are returning
from a temporary visit abroad and, if the stay was protracted,
that it was caused by reasons beyond your control and for which
you were not responsible; and
- You are eligible
for the immigrant visa in all other respects.
If you wish
to apply for a Returning Resident (SB-1) visa, you should contact
the nearest consular office well in advance of you intended travel
(at least three months in advance, if possible) to permit
sufficient time for visa processing.
If the returning
Resident (SB-1) visa is refused on the grounds that you have given
up your residence in the United States, it may or may not be possible
to obtain a nonimmigrant visa, depending on whether you have established
a residence abroad to which you will return. If you cannot submit
convincing evidence of compelling ties abroad, you may have to apply
for an immigrant visa on the same basis by which you immigrated
originally, if that is possible.
Entry into Foreign Countries
Travel documents
required for entry into foreign countries come within the jurisdiction
of the foreign government concerned. Information on such matters
should be requested from the representatives of those countries
in the United States (click here to find Foreign
Embassies and Consulates in the U.S.).
HELP!
- You may also
want to seek the advice of an immigration attorney, or an immigrant
assistance organization accredited by the
Board of Immigration Appeals.
The
information provided in this website is not legal advice and should
not be interpreted as legal advice. This website is intended to
provide a basic understanding of this information in summary form.
This information may not be comprehensive, is subject to change,
and may not apply to all individual circumstances. Any information
received here should be confirmed with the appropriate government
agencies or with an attorney, particularly as it relates to your
individual circumstances. Your use of this website indicates your
agreement to be bound by our Terms
of Use.
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