Are you a Permanent Resident or a Conditional Permanent Resident who will be spending more than one year outside the United States, but you are not sure how this will affect your immigrant status? If so, read on to find out how to maintain your Permanent Resident or Conditional Permanent Resident status without having your status revoked by USCIS.
Re-entry Permit
A Re-entry Permit is usually necessary if a Permanent Resident or a Conditional Permanent Resident wishes to travel outside the United States for more than one year without losing their rights of residence in the United States and without having to apply for a new visa and start the immigration process from the very beginning. Form I-131 currently costs $305 and is valid for two years from the date it is issued or whenever a Conditional Permanent Resident has to apply to remove the conditions of their residence. It just depends what comes first. Permanent Residents and Conditional Permanent Residents must be physically present in the United States when they file their I-131. Form I-131 cannot be filed from outside the country.
Who Needs to Apply?
However, not all Permanent Residents or Conditional Permanent Residents have to apply for a Re-entry Permit to return to the United States unhindered after spending time abroad. Immigrants who fall into this category would be those who are the dependents of active duty military personnel stationed abroad or those who must travel abroad regularly for work, such as athletes, are not required to apply for a Re-entry Permit. But if you will not be moving abroad on US government orders and you are not a world class athlete, then you will need to apply for a Re-entry Permit.
How to Avoid Having Your Status Revoked
Permanent Residents and Conditional Permanent Residents who fall into the category of immigrants who must obtain a Re-entry Permit, but remain outside the country for more than a year without first applying for a Re-entry Permit, could be deemed to have abandoned their Permanent or Conditional Permanent Resident Status. If this happens, they will lose their status, and they will not be allowed re-entry back to the United States.
It is very important to assess your own personal situation before you move abroad for more than a year and find out whether you need to apply for a Re-entry Permit before you leave the country. If you are in any doubt about what you should do, visit the USCIS website at www.uscis.gov or contact the National Customer Service Centre at 1-800-375-5283.