How to Get a Re-Entry Permit Before a Long Trip Abroad

A re-entry permit has to be requested from inside the United States, and your fingerprints have to be taken here before you leave. Those two timing rules decide whether a permanent resident gets the document at all, and they are the reason the application should be started well before the departure date, not the week of the flight. This post explains who needs a re-entry permit, the Form I-131 sequence step by step, how long the permit lasts, what it protects, and what it does not.

Who needs one

A green card is a valid entry document for a temporary absence of less than one year. If your trip will last a year or longer, or you expect to be abroad repeatedly for long stretches, you need a re-entry permit to return without a consular visa. Residents going abroad for a posting, a degree, a family illness or a business venture are the typical applicants. Conditional residents with a two-year card can apply too, though the permit does not extend the deadline to file Form I-751. Our advance parole and re-entry permit practice also recommends a permit for residents whose trips will be shorter than a year but who already have a history of long absences, because the permit records your stated intent to return at a time when CBP will be looking for evidence of it.

Step by step on Form I-131

1. Complete Form I-131 selecting the re-entry permit, with the current USCIS filing fee, two passport photos, a copy of your green card, and a copy of your passport.
2. State the purpose and expected length of the trip and list your time abroad since becoming a permanent resident. Add evidence of your ties here: a lease or mortgage, employment, tax returns filed as a resident, family.
3. File while physically present in the United States. An application mailed from abroad is denied.
4. Receive the receipt notice and then the biometrics appointment notice. Attend the appointment in the United States. You may ask to reschedule, but you cannot complete biometrics abroad.
5. After biometrics you may depart. Choose on the form whether the permit should be mailed to a U.S. address or sent to a U.S. embassy or consulate abroad for pickup.
6. If departure is urgent, file an expedite request with proof of the reason, and ask for an early biometrics appointment at a local application support center.

How long a re-entry permit lasts

A re-entry permit is generally valid for two years from the date it is issued. It cannot be extended, from inside or outside the country. When it nears expiration, you return to the United States and file a new application, going through the same biometrics process. Validity is limited to one year if, since becoming a permanent resident, you have been outside the United States for more than four of the last five years, with exceptions for those abroad on U.S. government orders and a few other categories. Applying for a second or third permit is allowed, but each application asks USCIS to look at how much of your life is actually in the United States, and a resident on a third consecutive permit should expect questions about residence at the next entry.

What the permit protects

The permit does two things. It serves as your entry document after an absence of a year or more, so you do not need an SB-1 returning resident visa. And it prevents CBP from treating the length of the absence alone as evidence that you abandoned residence. For most residents on a defined assignment abroad, that is enough to come and go for two years without a dispute at the port of entry.

What the permit does not protect

The permit does not protect a resident who has in fact moved. If you sold your home, took permanent employment abroad, moved your family and filed U.S. taxes as a nonresident, a permit will not stop an abandonment finding, because the finding turns on intent and the permit is only one piece of evidence; our post on how long a green card holder can stay abroad lays out the factors. The permit also does nothing for naturalization. An absence of one year or more still breaks continuous residence for Form N-400 and restarts the clock, as explained in our post on continuous residence versus physical presence. Residents who qualify can pair the permit with Form N-470, which preserves continuous residence for employees of the U.S. government, certain American companies, research institutions and religious organizations sent abroad, and the citizenship and naturalization page explains who is covered. The permit does not replace an expired green card for domestic purposes, and it does not change your tax residence.

Common mistakes

Filing too late to attend biometrics before departure, then leaving anyway, which abandons the application. Letting the permit expire while abroad, which puts you in the SB-1 position described in our post on the SB-1 returning resident visa. Assuming the permit lets you stay for two years without consequence to a planned citizenship application. Travelling with the permit but without the green card; carry both, because CBP wants to see the card. And treating a permit as a reason to stop filing resident tax returns.

If your plans include a year or more abroad, a consultation with Capitol Law Partners can time the I-131 filing and biometrics around your departure and flag any naturalization consequences. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Sena Sahin. Clear advice for individuals, families, and business owners.

Need help with this topic? See our re-entry permit and Form I-131 page or schedule a consultation.