How to Avoid Abandoning Your Green Card during COVID-19
How to Apply for a Reentry Permit
Each year, many green card holders return from trips abroad and find themselves in jeopardy of losing their status. It is a common misunderstanding that the permanent residence status is “permanent.” It is not. In reality, permanent residents who are absent from the United States for an extended period of time risk abandoning their green cards. A green card will permit you to return to the United States after spending up to one year abroad. In some cases, even trips longer than six months abroad will cause troubles at the border.
Imagine the following scenario. After a long trip abroad, you (green card holder) finally land in the US and are being questioned by the CBP officer. Alarmed, you find yourself answering the following questions:
“Which countries did you travel to?”
“How long were you there?”
“What were you doing there?”
“What made you come back now?”
“Did you have a job / apartment / family in the US while abroad?”
Unbeknownst to you, the CBP officer is assessing your intent to maintain status as a permanent resident. If the officer determined that you have successfully maintained status, you will be allowed into the United States. If, however, the officer determined that you have failed to maintain status as a permanent resident, you will be asked to sign Form I-407, Record of Abandonment of Lawful Permanent Resident Status. Do not sign this form if you wish to maintain your permanent resident status. Signing the form will cause you to voluntarily give up your permanent residency. Instead, ask to speak to an attorney. You will then be referred to immigration court for removal proceedings while represented by counsel.
So what does the Reentry Permit have to do with any of this?
As we mentioned before, a green card will permit you to return to the United States after spending up to one year abroad. If you spend more than one year abroad, you will not be allowed into the U.S. with your green card as you will have “abandoned” your permanent residency.
However, there is a document that will extend that period abroad to two years. This is known as a reentry permit. If you obtain the reentry permit prior to departing the United States, you will show that you’ve intended to return to the United States all along.
To apply for a reentry permit, you must file Form I-131, Application for Travel Document. You must be in the United States physically to file Form I-131 and to attend a biometrics appointment a few weeks after filing. It typically takes 4 to 6 months for the reentry permit to be issued. However, during COVID-19, we have seen a reentry permit take up to 10 months to process.
We highly advise obtaining the physical re-entry permit before departing the U.S. But if you have urgent travel needs, make sure you submit Form I-131 at least 120 days prior to making travel arrangements so that you can physically attend the biometrics appointment.
When in doubt, call our office for a comprehensive travel plan before departing the U.S.