Re-Entry Permits

A departing alien who plans on being absent for a significant period of time may apply for a reentry permit. In addition to serving as a valid entry document after absences of more than one year, reentry permits provide evidence of someone’s intent not remain in status. A reentry permit provides at least prima facie evidence that the alien was lawfully admitted for permanent residence and, absent fraud or misrepresentation, establishes that the holder is returning from a temporary visit abroad. However, a reentry permit does not guarantee readmission to the United States.

In order to qualify for a returning resident permit, the alien must establish that:

• he or she has been lawfully admitted to the United States for permanent residence;
• such residence has not been abandoned;
• the application is made in good faith, and
• the alien’s proposed departure from the United States would not be contrary to the interests of the United States
Reentry permits are valid for not more than two years from the date of issuance and are not renewable. The Immigration &Nationality Act makes it clear that the issuance of a reentry permit is at the discretion of the Attorney General.

An applicant for a reentry permit must submit a sworn written application to the U.S. Citizenship & Immigration Services office having jurisdiction over the alien’s U.S. residence. Although the statute does not specify that the applicant must be in the United States at the time the application is filed, such presence seems contemplated.