How to avoid losing legal permanent residence in the US due to prolonged absence?

How to avoid losing legal permanent residence in the US due to prolonged absence?

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Legal permanent residence in the United States is much desired by immigrants who want to settle in the country long-term. However, cases abound of people losing it due to prolonged absence.

The consequences are obvious: the loss of the benefits obtained through the Green Card can be a big problem if there are already projects underway. On the other hand, its recovery can be cumbersome; It would imply going before a judge who will be in charge of determining whether or not the person abandoned her status as a permanent resident in the country. Although they can be positive, these procedures can take a long time and cause headaches.

These situations often occur due to ignorance of the procedures to follow in case you need to leave the country for a long time. Therefore, it is necessary to seek the proper guidance to avoid inconveniences.

As immigration and naturalization experts at Kannan Law, as we are immigration attorneys, we will spend the following paragraphs explaining how to protect legal permanent residence during an extended absence.

What does it mean to be a lawful permanent resident of the United States?

As many know, anyone who wants to settle in the United States must meet a series of requirements and steps; one of them is to obtain lawful permanent resident status. This allows them to permanently live and work within the country and naturalize as US citizens.

When a person becomes a legal permanent resident of the US, they obtain a series of benefits and commitments to live within the country. However, this does not imply that they will not be able to travel abroad again.

In fact, they can travel abroad and return without problems under normal conditions. However, if a person wishes or needs to do so, they must first find out the maximum time they could be absent without jeopardizing their status before the authorities. In this case, the agency in charge is the US Citizenship and Immigration Service (USCIS).

How long can a legal permanent resident be outside the US?

Before traveling abroad, one of the first things to clarify is how long they can remain outside the US without harming legal permanent residence. In the strictest sense, the Green Card that makes a note of this condition loses validity when its bearer is absent from the United States for a year or more.

However, other conditions can impair said status in a shorter interval, for example, the processing of legal residence in another country. In this case, the USCIS considers the legal permanent residence abandoned, and its holder will not be able to use it to re-enter the United States legally.

What should a lawful permanent resident of the US do if they need to travel abroad?

An even more important question is: what should a legal permanent resident of the US do if they decide to travel outside the country? Well, as we already indicated, this status does not deprive its bearers of these freedoms, but they must process what is known as a re-entry permit before leaving.

The re-entry permit

A re-entry permit is a travel document that must be processed by legal permanent residents of the US who need to be absent from the country for a year or more. It is a requirement to verify a prolonged absence and be able to return legally.

It is important to highlight that the re-entry permit works as a kind of notification or guarantee that the trip to be made is temporary. In this way, legal permanent residents can continue in the US without starting the immigration process from scratch.

How to apply for a re-entry permit to the US?

Fortunately, it is a simple procedure to assure the authorities of the intention to return to the country. To request the re-entry permit, you must go to the USCIS website and fill out Form I-131 specially designed for these cases.

It should be noted that the form may vary over the years, so the best option is to download it directly from the official USCIS website when you need it. It is also important to complete it with accurate data and sign it; otherwise, the agency will reject the application and not obtain the travel document.

What happens if the re-entry permit is not requested before traveling?

Permanent residents should keep in mind that it is best to plan this type of trip and take all possible precautions. If there is a certainty that the absence will not exceed one year, then they can travel abroad with their Green Card without any problem. But if it is a prolonged absence, it is mandatory to process the re-entry permit to return legally.

Can a re-entry permit be requested while outside the US?

Throughout the article, we have emphasized the importance of processing this travel document months in advance. The reason beyond the delivery times is that it cannot be requested once outside the country because the applicant’s biometric data is needed.

The situation changes when the person submits Form I-131 with their information and is absent while the agency processes the document. In this case, the applicant can direct USCIS to send it to a United States Embassy, ​​Consulate, or Department of Homeland Security office in a foreign country. So you can go to the site, remove it and give it proper use when you return.

Can a previous re-entry permit be reused?

There are also other situations to evaluate. For example, if this is not the first time a lawful permanent resident needs to travel abroad, they are likely already familiar with the process; it is also probable that they have already applied for a re-entry permit in the past.

For many, it would be tempting to use this same re-entry permit for the new extended absence, but the USCIS is also very clear on this: these documents are not permanent and cannot be extended.

Therefore, once a re-entry permit expires, the permanent resident must reapply by filling out Form I-131 if he wants to be absent from the country for more than one year.

It may also happen that, at the time of processing another re-entry permit, the previous one is still valid. In this case, the applicant must provide the document to the immigration agency to dispose of it for security reasons; if he is already expired, this step is not necessary.

Now, even though the USCIS explains in great detail the procedures and forms that immigrants who need to travel must fill out, there are situations that are beyond its control. For example, a permanent resident could leave the US without permission with the expectation of returning in three months. Still, a climatic or epidemiological event such as a pandemic could delay her return. Likewise, the death of someone close to you or a last-minute legal problem in the country you are visiting.

The good news is that there is a solution for them too. In case of returning to the US a year or more than a year later without permission, it will be necessary to go to a judge. For this, it is vital to have an experienced lawyer who fights to defend his client’s rights, and that is why Kannan Law exists. Our team can provide advice to avoid problems and protection if they finally arrive in these and many other cases, so do not hesitate to contact us.