With the surge in immigration, more and more Chinese individuals are immigrating to the United States. In their daily lives after arriving in the U.S., Chinese green card holders often need to leave the country more frequently for work to handle cross-border matters in China and other nations. In such cases, applying for a Reentry Permit has become the preferred choice for these investment immigrants.
So, what are the requirements for applying for a Reentry Permit? Does applying for a Reentry Permit affect the validity of a green card? What impact does it have on future naturalization? This series of questions has become a concern for U.S. immigrants who are considering applying for a Reentry Permit.
A Reentry Permit is a document that allows immigrants holding a green card or conditional green card to return to the United States after being away for a period of time without needing to obtain a reentry visa from a U.S. embassy or consulate. If a green card holder knows before leaving the U.S. that they will be outside the country for more than one year, they can apply for a Reentry Permit before their departure.
Conversely, if you stay outside the U.S. for less than one year, you do not need to apply for a Reentry Permit and can re-enter the U.S. directly with your green card. After applying for a Reentry Permit, U.S. Citizenship and Immigration Services (USCIS) will notify you in writing of the time to go to your local Application Support Center to provide fingerprints. Generally speaking, a Reentry Permit allows its holder to remain outside the country for up to two years from the date of issuance. For applicants holding a conditional green card, the calculation of the validity period for the Reentry Permit is slightly different; the two-year period of validity for staying abroad is calculated from either the date the Reentry Permit is issued or the date the application to remove conditions is filed, whichever is earlier. Please note that the two-year validity period for staying abroad is the maximum duration for a Reentry Permit and cannot be extended.
Since the application for a Reentry Permit requires the applicant to be within the United States at the time of filing, for green card holders who are already outside the U.S., if you intend to stay abroad for more than one year without having applied for a Reentry Permit, USCIS will presume that you have abandoned your permanent resident or conditional resident status. It should be noted that a Reentry Permit itself does not prevent port-of-entry officers from discovering and determining that you have abandoned your permanent resident status; however, it at least prevents customs officials from determining whether you have abandoned your permanent resident status based solely on the duration of your stay abroad while the Reentry Permit is valid.
In addition, port-of-entry officers may still question you about your time spent outside the U.S. upon your entry to determine whether your activities abroad are consistent with your admission, and they may also use the Reentry Permit to determine if it was obtained through fraud or misrepresentation.
We remind those investing in U.S. immigration that a Reentry Permit does not guarantee absolute security. If a person holding a Reentry Permit is found to have had an unauthorized extended stay abroad, they may still be denied entry.
