If you are a U.S. lawful permanent resident (LPR), there are at least three situations where applying for a reentry permit may be beneficial: (a) if you will be abroad for one year or more; (b) if you will be abroad for more than six months for two consecutive years; and (c) if you have been warned by U.S. Customs and Border Inspection (CBP) officer that you are at risk of abandoning your permanent resident status.
What can you do with this Guide to Reentry Permits?
Learn: The below plain-English guide explains the basics of how to apply and use a reentry permit.
Research: The below guide includes more than 70 footnotes with references to legal authorities.
Ask Questions: You are welcome to ask questions of a general nature in the Comments section below.
Consult with an experienced immigration attorney: If you would like our law firm to help you apply for a reentry permit, answer your questions, and provide related advice, see here to schedule an appointment.
Information contained here should not be construed as legal advice. Do not act or rely on this information without seeking legal advice from a qualified lawyer who learns your goals, investigates the specific facts of your case, researches how the law may apply to those facts, and then gives advice taking all that into account.
Contents
- 1. Introduction
- 2. Eligibility Requirements
- 3. Procedures to Apply for a Reentry Permit
- 3.1 Where to File
- 3.2 What to File
- 3.3 When to File
- 3.4 Acceptance Notification
- 3.5 Receipt Notice
- 3.6 Biometrics Appointment
- 3.7 Options to Waiting in the U.S. for the Biometrics Appointment
- 3.8 Interview
- 3.9 Processing Times
- 3.10 Travel Abroad While Your Application Is Pending
- 3.11 Adjudication, Delivery, and Format
- 4. Terms and Conditions of the Reentry Permit
1. Introduction
1.1 Who Should Apply for a Reentry Permit?
A reentry permit can be helpful to a U.S. lawful permanent resident (LPR) in a few ways.
Valid Entry Document
First, an LPR seeking to reenter the U.S. must have a valid entry document.
- The most common entry document for an LPR is a Form I-551, Permanent Resident Card, i., green card.[1] An unexpired green card is acceptable to present to U.S. Customs and Border Protection (CBP) at a port of entry, only “if seeking admission after a temporary absence of less than 1 year.”[2]
- In contrast, a reentry permit is a valid entry document any time during its period of validity, which is up to two years from the date of issuance, as explained below. [3] So, a reentry permit can be helpful if there is a significant chance you will be abroad for one year or more straight.
Avoiding Abandonment
Second, an LPR can lose their status through abandonment, meaning travel abroad which is not temporary. An unexpired reentry permit is presumptive evidence that the holder has not abandoned LPR status. In particular, a reentry permit can be helpful if you:
- will be abroad for more than six months for two consecutive years; or
- have been warned by a CBP officer orally or in writing on your passport that you are at risk of abandoning your permanent resident status.
To allow you to reenter the U.S. as an LPR, the CBP officer at the port of entry must determine that you are returning from a “temporary” trip abroad.[4] If the trip abroad wasn’t temporary, then you have “abandoned” your LPR status, making you ineligible for readmission.
When is a trip abroad “temporary”? According to the courts, a trip abroad is temporary only if you possess an intention at the time of departure and throughout the entire trip to return to the U.S. as a place of employment or business or as an actual home “within a period relatively short, fixed by some early event.”[5]
For example, the event could be completion of a work project abroad, nursing a relative back to good health, or selling a foreign real estate parcel. If the return date “hing[es] on a contingency,” that contingency must have a “reasonable possibility of occurring” within a short period of time.[6] It’s not enough that the intent to be to return “at some indefinite time in the possibly distant future.”[7]And it’s not enough to intend to retain your LPR status.[8]
Since CBP has no direct way to determine intention, a number of factors are used to try to deduce your intention, including[9]:
- purpose for departing
- the length of your stay abroad
- the proportion of time you are in the U.S. versus abroad
- place of employment
- place of actual home and property ties
- family ties to the U.S.; and
- payment of U.S. income taxes as a U.S. resident.
Many LPRs incorrectly believe that by visiting the U.S. every year or every six months they can avoid abandonment of LPR status.[10] That is pure myth.[11] Such persons’ stay abroad isn’t “temporary” in the absence of an intention to return to live in the U.S. within a relatively short period of time.
In other cases, it’s difficult to determine whether a planned stay abroad is temporary. For example, what about going abroad to care for sick relative who may or may not recover within two years? What about going abroad to start a business that may or may not be self-sustaining enough to allow you to return to the U.S. in three years?
In such cases, there is a benefit to applying for a reentry permit. If the permit is issued, there is a legal presumption that the approved trip is “temporary.”[12] So, applying for a reentry permit can reduce the risk that a CBP officer at the airport or other port of entry could determine you have abandoned LPR status by making a non-temporary trip abroad.
Our recommendation: if you will be outside the U.S. for a total of more than 6 months for two consecutive years, there is a significant risk CBP may determine your stay abroad is not temporary, so you should apply for a reentry permit.
Travel Document in Lieu of a Passport
A third benefit of a reentry permit is that if you are stateless or unable to obtain a passport from the country of your nationality, you may apply for a reentry permit (or refugee travel document) for use as a travel document.[13] Contact your destination county to confirm they will accept this as a travel document for purposes of visa issuance, entry, and exit. Most European Union member states will accept a reentry permit for such purposes.[14] Also, contact your airlines to confirm you will be able to board.
Similarly, if you are visiting a certain country and that country does not honor the passport from your country of nationality, you may apply for a reentry permit for use as a travel document.
1.2 Related Issues Not Covered in This Article
This article covers the requirements and procedures to apply for a reentry permit, as well as the terms and conditions of residence permits.
Look elsewhere for information about naturalization eligibility:
- For information about other entry documents for LPRs, see our article, What Documents Can a Lawful Permanent Resident Use to Enter the U.S.? (July 19, 2023).
- For more about avoiding abandonment of LPR status during prolonged stays abroad, see Best Practices for Protecting Your Permanent Resident Status from an Accusation of Abandonment.
- Extended stays abroad may impact your eligibility for naturalization. See our firm’s Guide to Naturalization in the United States.
- If you are an LPR married to a U.S. citizen who is working abroad for any of the following types of entities, you may be eligible for expeditious naturalization under section 319(b) of the Immigration and Nationality Act without any required period of residence of physical presence in the U.S. For more, see Expeditious Naturalization for Spouses of U.S. Citizens Employed Abroad under Section 319(b):
- the U.S. Government
- “an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof”
- a public international organization in which the U.S. participates by treaty or statute; or
- an American institution of research recognized as such by the Attorney General
- religious denomination or interdenominational mission having a bona fide organization within the U.S.
2. Eligibility Requirements
USCIS may, as a matter of discretion, issue a reentry permit to a person meeting the following requirements:
- You have been lawfully admitted to the U.S. as an LPR or conditional resident.[15]
- You have not abandoned that status, as discussed above.
- You intend in good faith to make a temporary trip abroad.[16]
- “You must be physically present in the United States when you file the Reentry Permit application.”[17] For this purpose, the United States means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.[18] The date of filing is the date the application is actually received in the USCIS mailroom, if the filing is subsequently accepted.[19] (Note that USCIS does not receive paper-based applications or petitions on Saturdays, Sundays, or federal holidays.[20])
- Unless the biometrics requirement is waived, “All applicants between 14 and 79 years of age” must appear at a USCIS domestic application support center (ASC) for a biometrics appointment.[21] In a rare case where exceptional circumstances exist, USCIS may agree to provide biometrics services at an international field office. Note that there is no requirement that you remain in the U.S. between when you file the application and your biometrics appointment.[22]
- Issuance must not be contrary to the U.S. national interest.[23]
3. Procedures to Apply for a Reentry Permit
3.1 Where to File
The application is filed by mail with one of the USCIS lockboxes, depending on the state where you live:23F[24]
- Phoenix, Arizona
- Elgin, Illinois
- Chicago, Illinois
- Dallas, Texas
E-filing is not available.[25]
USCIS will then forward the application to the USCIS Nebraska Service Center for adjudication.[26]
3.2 What to File
The initial documentation that must be filed with the reentry permit application includes[27]:
- Filing fee: Effective Apr. 1, 2024, the filing fee is $630. For details, see https://uscis.gov/I-131.
- Form G-28, Notice of Entry of Appearance as Attorney, to notify USCIS that our firm represents you.
- Form G-1145, E-Notification of Application Acceptance. This will request that USCIS notify the applicant by SMS (if you have a U.S. mobile phone number) and our firm by email when the case is accepted for filing.
- Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records
- A copy of Form I-551, Permanent Resident Card (front and back) (or other evidence of LPR status per the Form I-131 instructions)
- If your Form I-551 expiration date has been extended, provide the evidence. For example:
- Form I-797C, Receipt Notice, for any pending (a) Form I-751, Petition to Remove the Condition of Residence; (b) Form I-829, Petition to Petition by Investor to Remove Conditions on Permanent Resident Status; (c) Form I-90, Application to Replace Permanent Resident Card; or (d) Form N-400, Application for Naturalization.
- Temporary I-551 (ADIT) stamp in your passport or on a Form I-94, Departure Record
- The original of any previously issued reentry permit or refugee travel document, if it is possible the new reentry permit will be issued before the expiration date of the previously issued document.[28]
- Official photo identity document clearly showing your photo, name, and date of birth, if not shown on your evidence of LPR status. (Example: passport ID page, prior reentry permit, a valid government-issued driver’s license; passport identity page; or any other official identity document.)
In applicable cases, it may be helpful to file the following additional documents:
- Evidence of any name change if the applicant’s current legal name differs from the name shown on the enclosed permanent resident card, reentry permit, or passport.[29]
- Evidence the travel abroad will be temporary: USCIS adjudicators are instructed to determine whether the applicant intends to travel abroad temporarily based on review of the application and the “A-file” (i.e., the individual’s Department of Homeland Security file), considering factors such as “the applicant’s previous absences, the intended absence, and whether the applicant has ties (property, family employment, etc.) in the U.S.”[30] It’s curious, then, that USCIS doesn’t request that the initial filing include related evidence or encourage adjudicators to solicit related documents through a request for evidence. We speculate that USCIS conceives of the I-131 as a mere declaration of the applicant’s intent, whereas later when the applicant seeks admission to the U.S. based on the reentry permit CBP will have an opportunity to review evidence to determine whether the stay abroad was in fact temporary. Usually we don’t file evidence of temporariness with the I-131. Still, there may be cases where it is helpful to submit evidence the travel abroad will be temporary.[31]
- If you fall within the grounds of inadmissibility, you may be able to file a waiver application with your reentry permit application.[32]
- If you are applying for a reentry permit immediately after entering the U.S., it may be helpful to submit a copy of your passport or reentry permit, including the page stamped by CBP upon your entry to the U.S. (if any) plus your boarding pass for your flight to the U.S. CBP does not automatically stamp permanent residents’ passports, so you may need to make a special request.
- If you are under age 14 or over age 79, it can be helpful to submit 2 U.S.-passport style photos. Otherwise, USCIS will require that you attend a biometrics appointment to be photographed.[33]
- Documents in support of any request for expedited processing, such as (a) FedEx label and envelope to forward the biometrics appointment notice to applicant; (b) statement why expedited processing is sought; and (c) evidence of need for expedited processing.
3.3 When to File
USCIS recommends that you file at least 60 days prior to departure from the U.S. in order to allow for completion of the biometrics appointment, as described below.[34]
3.4 Acceptance Notification
As mentioned above, we will file with the application a Form G-1145, E-Notification of Application Acceptance. This will request that USCIS notify the applicant by SMS (if you have a U.S. mobile phone number) and our firm by email when the case is accepted for filing.
From time to time, USCIS rejects filings on the basis that they are not signed, executed, filed in compliance with the regulations, received at the designated location, and/or accompanied by the correct fees.[35]
So, to meet the requirement discussed above that “You must be physically present in the United States when you file the Reentry Permit application,”[36] we recommend that you remain in the U.S. until you get the acceptance notice. That is typically about five business days after the application is delivered to USCIS.
3.5 Receipt Notice
Within about two weeks of filing the application, USCIS should issue a Form I-797C, Receipt Notice.
3.6 Biometrics Appointment
After the receipt notice, applicants will receive a notice to attend a biometrics appointment. Applicants age 14 to 79 will be fingerprinted, photographed, and provide a signature. Applicants outside that age range will need to attend the appointment to be photographed unless they have provided two clear, printed U.S. passport-style photos with their application.[37]
The biometrics appointment will be scheduled at a USCIS Application Support Center (ASC) with jurisdiction over your U.S. residence, although, as explained below, it is possible in “rare” cases to subsequently request that the biometrics be taken abroad.
It normally takes about 30 days from the date USCIS receives an application until the biometrics appointment.[38] The appointment notice is typically issued two weeks before the appointment date.[39] So we recommend applying for a reentry permit as early as possible before travel.
Failure to appear for a biometrics appointment may result in denial of the reentry permit application, unless the appointment is rescheduled.
There are some cases when USCIS can reuse previously submitted biometrics. USCIS policy is not completely transparent regarding when that can be done. If USCIS will reuse prior biometrics, then the agency will send the applicant a notice saying so. For more on this topic, see Can USCIS Reuse Biometrics Submitted Previously?
3.7 Options to Waiting in the U.S. for the Biometrics Appointment
What if you can’t wait in the U.S. the normal 4-6 weeks from the time of filing until the time of the biometrics appointment? You have other options: request an expedited appointment; walk in to the local ASC or a different one (even Guam, Saipan, or Honolulu); leave the U.S. and come back for your appointment; reschedule the appointment; or ask to be fingerprinted at a USCIS office abroad.
Expedited Appointment
USCIS may expedite a biometrics appointment as a matter of discretion. In this case, it can take 7 to 14 days from filing to the appointment.[40]
USCIS will review a request for expedited processing to determine whether one of the following criteria is met:[41]
- Severe financial loss to company or person (provided that the urgency is not the result of the applicant’s delay)
- Urgent humanitarian reasons
- Compelling U.S. government interests (such as urgent cases for the Department of Defense, or other safety or national security interests)
- Clear USCIS error
USCIS has previously stated that an applicant who lives abroad will ordinarily qualify for expedited scheduling of a biometrics appointment, subject to availability of appointment slots at the ASC.[42] Such practice seems more lenient than the strict expedite criteria.
To request an expedited biometrics appointment, notate the outside of the envelope and top of Form I-131 with the word EXPEDITE. Submit any evidence that you meet the expedite criteria. Include a pre-paid, self-addressed express mailer, to send you the biometrics appointment notice. Also provide your email address and a fax number.41F[43] Additionally, it may be helpful to specify any dates you prefer the appointment or are unavailable for the appointment.
Next, you contact the USCIS Contact Center at 1-800-375-5283. (From outside the U.S., call 212-620-3418). Live assistance is available Monday through Friday from 8am to 8pm except on Federal holidays.42F[44] You’ll need your case’s receipt number before you call.
Be prepared for the possibility of significant time on hold. After dialing, choose the automated prompt to “check the status of your case”, then the prompt to “make an expedite request.” (Beware that the prompts do change from time to time). Once connected to an officer, the officer will confirm basic data such as the applicant’s name and address. Then, tell the operator:
- You are requesting an expedited biometrics appointment.
- The reasons for your request.
- What evidence of the need for the expedite you have filed with the I-131, if any.
- Your U.S. callback number, in case USCIS has any follow-up questions.
The operator at the USCIS Contact Center should tell you they will create and forward a service request to the USCIS Service Center with jurisdiction over your I-131.
Take notes of your call. Make sure to ask the operator for and write down the SRMT # (i.e., ID # for your call).
Within about 5 days after you have made the expedite request, you should receive a response by email, which could be to grant the request, deny the request, or ask for additional documentation that the expedite criteria are met.[45]
Walk In to the Local ASC or a Different One (Even Guam, Saipan, or Honolulu)
USCIS policy is that ASCs are not currently allowing walk-ins for biometrics,[46] although I have heard anecdotes of some exceptions.
Leave the U.S. and Come Back for Your Appointment
You also have the option of leaving the U.S. after your I-131 has been received and accepted by USCIS, then returning in time for the biometrics appointment.
Reschedule Your Biometrics Appointment
For current instructions, see our firm’s article, How to Reschedule a USCIS Biometrics Appointment, https://lawandborder.com/how-to-reschedule-a-biometrics-appointment/.
Ask to Be Fingerprinted Abroad
USCIS has the authority to require an applicant who is residing abroad to attend a biometrics appointment.[47] USCIS instructions state, “If you are currently overseas, your notice will instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to schedule an appointment.”[48]
USCIS international offices will take biometrics for reentry permit applications only in “rare” circumstances in the discretion of the field office director, taking into account the following factors[49]:
- Evidence of “extenuating circumstances” that would require the individual to depart the United States before having his or her biometrics collected as indicated in the appointment notice. For example, these circumstances might include, but are not limited to, the need to assist a critically ill family member, an unexpected immediate job transfer, or other urgent need. Generally, the expense of traveling back to the United States would not, in itself, be considered a hardship.
- Evidence that the applicant requested an expedited or rescheduled appointment at an ASC before leaving the United States and, if not, an explanation of the reasons for failing to request an expedited or rescheduled appointment.
- Because of the small number of staff in USCIS international offices, you may experience a delay in appointment availability for biometrics collection.
USCIS has international offices in just a few locations[50]:
- China (Beijing and Guangzhou)
- Cuba (Havana)
- Ecuador (Quito)
- El Salvador (San Salvador)
- Guatemala (Guatemala City)
- Honduras (Tegucigalpa)
- India (New Delhi)
- Kenya (Nairobi)
- Mexico (Mexico City)
- Qatar (Doha)
- Turkey (Ankara)
3.8 Interview
USCIS may require that you appear for an interview on your application for a reentry permit,59F[51] but in practice this is rare.
3.9 Processing Times
To check current USCIS processing times for reentry permit applications, see https://egov.uscis.gov/processing-times/. As of May 2025, the processing time is:
3.10 Travel Abroad While Your Application Is Pending
For information about travel abroad and seeking to enter the U.S. as a returning resident while your reentry permit is pending, see Part 2 of our firm’s article, Best Best Practices for Protecting Your Permanent Resident Status from an Accusation of Abandonment.
3.11 Adjudication, Delivery, and Format
If the application is approved, the reentry permit will be mailed to you at the address requested in Form I-131. In your application, you can choose delivery to any of the following locations:[52]
- to the applicant’s U.S. mailing address
- the attorney’s U.S. address
- a U.S. Consulate or Embassy abroad
- a USCIS international field office
Reentry permits may not be delivered to a private foreign address.
If the application is denied, USCIS will explain why and provide an opportunity to appeal.[53] In certain situations, a motion to reopen or reconsider may be appropriate to challenge a denial.
If the denial is on the basis that the applicant has abandoned LPR status, USCIS may refer the case to investigations to consider instituting removal (i.e., deportation) proceedings or post a lookout notice that can be seen by CBP at ports of entry.[54]
The reentry permit comes in the form of a passport-style booklet that contains blank pages for CBP to place admission stamps. Some countries will allow use of the reentry permit in lieu of a passport, so foreign visas and admission stamps can also be placed on these blank pages.
The format of the reentry permit was changed by USCIS effective Oct. 24, 2019.[55] USCIS has announced that a new “travel document” will replace reentry permits and refugee travel documents. The USCIS’ purpose is to have a document more secure against tampering, counterfeiting, and fraud. Previously issued reentry permits and refugee travel documents will remain valid until their expiration date.
Key data to look for on the ID page of a reentry permit includes:
- Personal Data: Check to make sure that all of your personal data is correct. This includes your name, date of birth, passport number, gender, etc.
- Category: This should read “PR,” assuming you are a permanent resident.
- Passport No.: This refers to the number of your reentry permit booklet (not your foreign passport number). This number is also included in the magnetic stripe at the bottom of the booklet’s ID page.
- Personal #: This should be the same A# as on your green card.
- Issuance and Expiration Dates: Check the issuance and expiration dates to be sure they are as expected.
- Entries: This should read “M” for multiple.
- Restrictions: There should be none.
4. Terms and Conditions of the Reentry Permit
4.1 Validity of Reentry Permits
A reentry permit is generally valid for a maximum period of two years from the date of issuance,[56] except:
- A permit issued to a conditional resident will not be valid beyond the date that conditional resident status expires, as shown on the I-551, a temporary I-551 (ADIT) stamp, or the receipt notice issued upon filing either the Form I-751, Petition to Remove the Conditions of Residence or the Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.[57]
- If you have been outside the U.S. for more than 4 of the last 5 years since becoming an LPR, the reentry permit will be limited to 1 year (except that the permit will be valid for 2 years in the case of an LPR who is a professional athlete, traveling on U.S. government orders, or employed by a public international organization).[58]
- A reentry permit is voided if you are removed (i.e., deported or excluded) from the U.S.67F[59]
The period of validity commences on the date of issuance and not on the date the application for the permit was filed.68F[60] During the period of validity, such permit can be used for multiple reentries into the US.69F[61]
4.2 Applying for Another Reentry Permit
A reentry permit cannot be extended,70F[62] although a subsequent application can be filed.71F[63] There is no numerical limit on the number of reentry permits that may be granted. Still, an applicant must not have abandoned LPR status and must intend to be abroad merely temporarily. USCIS may–but rarely does–require submission of evidence on these two points.
When should you apply for another reentry permit? Consider these factors:
- You will need to be physically present in the U.S. when you apply, as discussed in Part 2 above.
- Take into account the current USCIS processing times (https://egov.uscis.gov/processing-times/), since you may want to receive a new reentry permit as soon as your old one expires.
- Also consider that if the new reentry permit will be issued before the previous one expires, you should return the previous one with your application so that it can be voided.
A biometrics appointment will likely (but not certainly) be waived for the next application on the basis that your prior biometrics can be reused.
4.3 IRS Departing Alien Clearance (Sailing Permit)
A note printed in the reentry permit states:
No alien shall depart from the United States unless he first procures from the Secretary a certificate that he has complied with all the obligations imposed upon him by the income tax laws.
This refers to the requirement that, before departing the U.S., certain noncitizens, including permanent residents, must obtain from IRS a certificate of compliance. This document is also popularly known as a “sailing permit” or “departure permit.” For more, see IRS Departing Alien Clearance (Sailing Permit).
4.4 Seeking to Enter the U.S. with a Reentry Permit
If you are seeking to enter the U.S. as a returning resident, be aware of these requirements to be admitted by the CBP officer at the port of entry:
- Valid entry document: A person seeking admission as a returning resident needs a valid entry document.[64] Your unexpired reentry permit counts. CBP may ask you questions to confirm that your reentry permit was not issued in error[65] and that your reentry permit application contained no material false misrepresentation or concealment which would void the permit.[66]
- Passport:
- A returning resident applying for admission to the U.S. is not technically required to hold a passport if they have a reentry permit (or a Form I-551, Permanent Resident Card, if seeking readmission after a temporary absence of less than 1 year).[67]
- But you will probably need a passport from your country of citizenship to travel to a foreign country. Some foreign countries will issue visas and allow entry and exit to a reentry permit holder with no passport, as explained in Part 1.1.
- You will be ineligible to enter the U.S. if the CBP officer determines that you have abandoned LPR status by staying abroad on a non-temporary basis. Your unexpired reentry permit is presumptive evidence that you have not abandoned LPR status. But it may be wise to prepare for your carry-on luggage additional evidence that your stay abroad is temporary, such as evidence that your actual reason for staying abroad matches the reason you gave in your reentry permit application. For example, if you are abroad for temporary work, it may be appropriate to present the temporary work contract and a recent paycheck stub. Additional evidence that your stay abroad is temporary may be evidence of your ties to the U.S., such as proof of ownership or rental of an actual home and property ties in the U.S., family ties in the U.S., and payment of U.S. income taxes. For more details, see our firm’s article, Best Practices for Protecting Your Permanent Resident Status, https://lawandborder.com/protecting-your-permanent-resident-status/.
- An LPR seeking readmission to the U.S. is subject to the grounds of inadmissibility. These grounds prohibit the admission of certain classes, such as persons convicted of specified crimes or likely to become public charges.[68] See our firm’s article, Grounds of Inadmissibility under U.S. Immigration Law, https://lawandborder.com/grounds-of-inadmissibility/.
Inspection could be brief, or the officer could take you to a separate office for detailed questioning, perhaps under oath.
If the officer is satisfied, you will be admitted and the officer should stamp the reentry permit to show this.[69]
But if the officer is not satisfied that your trip abroad has been merely temporary, the officer has several options, the most common of which are:
- Allow you to relinquish your LPR status and be admitted as a nonimmigrant.
- Issue a notice to appear for a removal (i.e., deportation or exclusion) hearing in Immigration Court.
Our law firm is available to represent clients in preparing to seek readmission to the U.S. with the reentry permit when there is any doubt regarding eligibility.
[1] This one-year limit does not apply to a civilian or military employee of the U.S. Government who was abroad on official orders, or to their accompanying spouses or children. 8 C.F.R. § 211.1(a)(6). For information about other entry documents for LPRs, see Gary Chodorow, What Documents Can a Lawful Permanent Resident Use to Enter the U.S.? (July 19, 2023).
[2] 8 C.F.R. § 211.1(a)(2).
[3] 8 C.F.R. § 223.2.
[4] INA § 211(b) allows an LPR to seek readmission to the U.S. without an immigrant visa if the LPR meets the definition of a returning resident found in INA § 101(a)(27)(A) (“an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad.”).
[5] Matter of Kane, 15 I.& N. Dec. 258, 263 (BIA 1975).
[6] Chavez-Ramirez v. INS, 792 F.2d 932, 936 (9th Cir. 1986)
[7] Angeles, v. District Director, INS, 729 F. Supp. 479, 484 (D. Md. 1990).
[8] Alvarez v. District Director, 539 F.2d 1220, 1225 (9th Cir. 1976).
[9] Matter of Kane, 15 I.& N. Dec. 258 (BIA 1975).
[10] See, e.g., Matter of Huang, 19 I&N 749 (BIA 1988).
[11] USCIS helps to perpetuate such myths by making misleading statements such as the following: “If you do not obtain a Reentry Permit and remain outside the United States for one year or more, we may determine that you have abandoned your permanent or conditional resident status.” Form I-131 Instructions at 2 (rev. Feb. 12, 2010).
[12] INA § 223(e) (A reentry permit “show[s] that the alien to whom it was issued is returning from a temporary visit abroad.”); 8 C.F.R. § 223.3(d) (An LPR with a valid reentry permit “shall not be deemed to have abandoned status based solely on the duration of an absence or absences while the permit is valid.”); Moin v. Ashcroft,335 F.3d 415 (5th Cir. 2003) (LPR status abandoned despite valid reentry permit); Iodice v. Wixon, 56 F.2d 824 (2d Cir. 1932) (reentry permit has no effect except to show that the holder is returning from a temporary visit abroad); Zachrias v. McGrath, 105 F. Supp. 421 (D. D.C. 1952) (Reentry permit is “prima facie evidence” LPR status not abandoned.).
[13] AFM 52.2(a)(1); USCIS, Questions and Answers: Re-entry Permits and Refugee Travel Documents (June 30, 2009).
[14] Council of the European Union, Recognised Travel Documents (May 29, 2024), https://www.consilium.europa.eu/prado/en/prado-recognised-documents.html.
[15] INA § 223(a); 8 C.F.R. § 223.2(b).
[16] INA § 223(a), (b).
[17] Form I-131 Instructions 2 (Dec. 23, 2016). See 8 C.F.R. § 223.2(b)(1) (applicant “must file … while in the United States”). See also 8 C.F.R. § 103.2(a)(7) (The date received is the “actual date of receipt at the location designated.”)
[18] INA § 101(a)(38).
[19] AFM 10.1(a)(1). See also INA § 223 (Applicant filing I-131 must “propose” and “intend” to depart the U.S.). See also 8 C.F.R. § 103.2(a)(7) (Application not considered as “received” if not signed, executed, filed in compliance with the regulations, received at the designated location, and accompanied by the correct fees.)
[20] 1 USCIS-PM B.6(D).
[21] Form I-131 Instructions at 28 (Jan. 20, 2025).
[22] “Departure from the United States before a decision is made on an application for a reentry permit … will not affect the application.” 8 C.F.R. § 223.2(d). Previously, the instructions stated that if you “depart[ ] the United States before the biometrics are collected, the application may be denied.” Form I-131 Instructions 2 (Nov. 5, 2011). Happily, current instructions remove that erroneous statement. Form I-131 Instruction (Jan. 20, 2025).
[23] INA § 223(b). Pursuant to that statutory authority, DHS may publish in the Federal Register a notice precluding the issuance of reentry permits for travel to certain areas. Form I-131 Instructions at 3 (May 3, 2016); AFM 52.3(b)(1) (“At the present time, there are no bans in effect with regard to travel to specific countries.”)
[24] USCIS, Lockbox Filing Locations Chart for Certain Non-Family-Based Forms (Oct. 11, 2024), https://www.uscis.gov/uscis-lockbox-filing-locations-chart.
[25] USCIS, Application for Travel Documents, Parole Documents, and Arrival/Departure Records (Apr. 7, 2025).
[26] USCIS, Processing Times (last viewed May 8, 2025).
[27] 8 C.F.R. § 223.1(a); Form I-131 Instructions at 4 (rev. Feb. 12, 2010).
[28] INA § 223(d) (expired permit should be returned to USCIS); 8 C.F.R. § 223.2(c)(1) (I-131 will be denied if the prior permit is still valid, unless it was returned to USCIS or it is demonstrated that it was lost); I-131 Instructions at 2 (same); AFM 52.3(b)(2) (If a previously issued reentry permit was not surrendered to the Service or USCIS by the applicant, you should request the alien return it or explain in details the reason he or she cannot. You should resolve this issue before delivering the new permit. Retain the surrendered permit in the A-file.”); USCIS Form M-608, I am a Permanent Resident. How Do I … Get a Reentry Permit (Aug. 2008) (If you have a valid reentry permit in your possession, you will need to send it in when you apply for a new one. You need not send in an expired reentry permit).
[29] 11 USCIS-PM A.2(A)(2) (Secure identity documents issued by USCIS will contain the individual’s full legal name.); AFM 52.3(a)(1)(B) (“If the applicant has had a change of name, he or she must submit appropriate documentation to support such a change.”)
[30] AFM 52.3(b)(3).
[31] For example, if the applicant believes the A-file may contain derogatory evidence, it may be helpful to submit rebuttal evidence.
[32] AFM 52.3(b)(6).
[33] NSC Liaison Practice Pointer on Reentry Permits and Refugee Travel Documents, Oct. 9, 2012, AILA Doc. No. 12100960; NSC Stakeholder Call (Student and School Issues Product Line), Sept. 13, 2012, AILA Doc. No. 12092748.
[34] USCIS, USCIS Biometric Changes for Re-entry Permits and Refugee Travel Documents (July 8, 2008), https://www.uscis.gov/archive/archive-news/uscis-biometric-changes-re-entry-permits-and-refugee-travel-documents.
[35] 8 C.F.R. § 103.2(a)(7).
[36] Form I-131 Instructions 2 (Dec. 23, 2016). See 8 C.F.R. § 223.2(b)(1) (applicant “must file … while in the United States”). See also 8 C.F.R. § 103.2(a)(7) (The date received is the “actual date of receipt at the location designated.”)
[37] NSC Liaison Practice Pointer on Reentry Permits and Refugee Travel Documents, Oct. 9, 2012, AILA Doc. No. 12100960; NSC Stakeholder Call (Student and School Issues Product Line), Sept. 13, 2012, AILA Doc. No. 12092748.
[38] According to USCIS, “in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment.” https://egov.uscis.gov/cris/Dashboard/CaseStatus/BucketDescriptions.do#1 (last viewed July 27, 2017).
[39] Id.
[40] The 7 to 14 days delay is, in large part, because of mailing time—mailing the application from the Lockbox to the USCIS Nebraska Service Center, where the decision is made whether or not to expedite the biometrics appointment, and mailing the biometrics appointment notice from the Service Center to the applicant. See USCIS, Executive Summary: Listening Session with the Office of Intake and Document Production, Oct. 12, 2010.
[41] USCIS, How to Make an Expedite Request (May 8, 2020); 1 USCIS-PM A.5.
[42] AILA NSC Liaison Committee Practice Tip on Biometrics Appointment Scheduling for Reentry Permit Applications, AILA InfoNet Doc. No. 08122960 (Dec. 29, 2008).
[43] Form I-131 Instructions at 6 (rev. Feb. 12, 2010); AILA, Tips on the Use of Prepaid Mailers (Dec. 9, 2013), AILA Doc. No. 07080164.
[44] USCIS, USCIS Contact Center (May 18, 2020).
[45] Id. See also NSC Stakeholder Call Notes (Refugee/Asylum) (Nov. 12, 2015), AILA Doc. No. 15101463.
[46] USCIS, Field Offices (Apr. 12, 2024), https://www.uscis.gov/about-us/find-a-uscis-office/field-offices.
[47] 8 C.F.R. § 103.16(b). See also 1 USCIS-PM C.2 n.1 (“For benefit requestors residing outside of the United States, USCIS may schedule biometrics collection at a USCIS office abroad, at a U.S. embassy or consulate, or at a U.S. military installation abroad.”)
[48] USCIS, Form I-131 Instructions 9 (June 6, 2023).
[49] USCIS, China—USCIS Beijing Field Office, https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-beijing-field-office (Jan. 26, 2016); USCIS, Turkey—USCIS Ankara Field Office https://www.uscis.gov/about-us/find-a-uscis-office/international-offices/turkey-uscis-ankara-field-office (June 25, 2024).
[50] USCIS, International Immigration Offices (Feb. 12, 2021).
[51] Form I-131 Instructions at 4 (rev. Feb. 12, 2010).
[52] Form I-131 Instructions 4 (June 17, 2024).
[53] 8 C.F.R. § 223.1.
[54]AFM 52.3(c)(2).
[55] USCIS, USCIS Begins Producing Security-Enhanced Travel Documents (Oct. 24, 2019).
[56] INA § 223(b) (the reentry permit “shall not be valid for more than two years”). 8 C.F.R. § 211.3 (“A reentry permit issued to a permanent resident shall be valid for 2 years from the date of issuance.”). Interestingly, the permit is regarded as unexpired if you embark or enplane before its expiration, provided that the vessel arrives in the U.S. on a continuous voyage, not counting scheduled stops or emergency stops or layovers for connecting flights. 8 C.F.R. § 211.3; AFM 52.3(c)(1).
[57] 8 C.F.R. § 223.3(a) (“[A] reentry permit issued to a conditional permanent resident shall be valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever comes first.”). See 11 USCIS-PM C (“A Conditional Permanent Resident may apply for and be issued a Reentry Permit, just like any other Lawful Permanent Resident. (However, the permit may not be valid beyond the date on which the Conditional Resident’s status will expire.)”) See also Q&A from AILA-USCIS Service Center Operations Directorate (SCOPS) Call (Aug, 12, 2009), AILA InfoNet Doc. No. 09082077 (“USCIS confirms that a re-entry permit will be issued to an individual who has already applied to remove the condition on his or her status (and has been issued a receipt as a result of the I-751 filing that extends the validity of the I-551 card for a period of one year) with a validity date that includes the automatic one-year extension of the expiration date of the underlying CR alien registration card for the period the applicant is entitled up to the statutory limit of 2 years of a re-entry permit.”)
[58]Form I-131 Instructions at 2 (rev. Feb. 12, 2010).
[59] 8 C.F.R. § 223.3(b).
[60] 8 C.F.R. § 223.2.
[61] 8 U.S.C. §1203(c).
[62] 8 C.F.R. § 223.3(c).
[63] The prior INS practice of attaching additional pages to a reentry permit if there was no more space for the affixation of foreign visas has been discontinued. AFM 52.4 n.2.
[64] See Gary Chodorow, What Documents Can a Lawful Permanent Resident Use to Enter the U.S.? (July 19, 2023), https://lawandborder.com/what-documents-can-a-lawful-permanent-residentuse-to-enter-the-u-s.
[65] Matter of M, 4 I.& N. Dec. 189 (BIA 1950) (reentry permit invalid where issued in error in that holder wasn’t LPR).
[66] 8 C.F.R. § 223.3(b); see INA § 223(b) (application must be made in “good faith”). Forgery, counterfeiting, impersonation, or falsification in connection with a reentry permit is a crime, punishable by a fine and/or imprisonment. 18 U.S.C. § 1546.
[67] 8 C.F.R. § 211.2(a)(2). See CBP, Document Requirements for Air Travel (Oct. 13, 2016), https://www.cbp.gov/travel/us-citizens/whti-program-background/docs-air-travel; USCIS, International Travel as a Permanent Resident (Jan. 11, 2018), https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident.
[68] But see INA § 101(a)(13)(C) (certain LPRs absent from the U.S. for under 180 days are not subject to the grounds of inadmissibility).
[69] IFM 13.1.
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