Reentry permit (I-131): what green card holders should do before a long absence

Wang Law Firm, LLC · David Wang, Managing Attorney

A green card represents status as someone "permanently residing in the United States." Green card holders can travel abroad, but if they live outside the U.S. for long periods, they may be found to have abandoned their permanent resident status. A reentry permit is a travel document designed for green card holders who plan to be away from the U.S. for an extended period, applied for with USCIS on Form I-131.

What a reentry permit does: when you return to the U.S. while it is valid, you won't be found to have abandoned your green card merely because you were away a long time, and after more than a year abroad you can use it in place of the green card as your entry document. But it isn't a "safe-conduct pass": whether you have abandoned residence still depends ultimately on your overall situation and intent. For everyday short trips, see Travel tips for green card holders; this page focuses on long absences.

How the length of an absence matters

Abandonment isn't decided simply by counting days. Officers at the border and immigration judges look at whether the purpose of your departure was temporary, whether you had a definite return date when you left, and whether you kept a home, job, bank accounts and driver's license in the U.S., as well as how you file taxes. If you're asked at entry to sign the form surrendering your green card (I-407), you have the right to refuse and ask for an immigration judge to decide.

Who should apply for a reentry permit

• Green card holders who plan to stay outside the U.S. continuously for close to or more than 1 year, for example to care for parents back home, on a temporary overseas assignment, to accompany a child studying abroad, or to handle family matters;
• People who expect several long absences and worry their intent to reside will be questioned;
• Conditional green card holders can also apply, but the permit's validity generally won't extend beyond the date they must file I-751 / I-829 to remove conditions.

Requirements and key points

1. You must be in the U.S. when you file. USCIS must receive the I-131 before you leave.
2. You must complete biometrics. After filing, USCIS schedules a fingerprint appointment, which generally must be completed in the U.S. before you leave. You can ask for an early appointment when you file, or request an expedited appointment afterward where appropriate. Leaving the U.S. after biometrics generally doesn't affect approval of the reentry permit.
3. Validity: a reentry permit is generally valid for up to 2 years from the date of issue and can't be extended. If, since becoming a permanent resident or during the five years before filing (whichever is shorter), you have spent more than four years in total outside the U.S., the permit's validity is usually limited to 1 year (with some exceptions).
4. Delivery: you can have it mailed to a U.S. address, or pick it up at a designated U.S. embassy or consulate or USCIS international office.
5. If you need to stay abroad after it expires, you must first return to the U.S. and file again from inside the country.

The I-131 filing fee and processing time are as currently published by USCIS; see the USCIS I-131 page and How to check filing fees and processing times. Processing may take longer than your planned trip, so start early.

Documents you'll usually need

• Form I-131 (selecting the reentry permit category);
• A copy of the front and back of your green card;
• Passport photos;
• An explanation of why you're leaving and when you expect to return (with supporting evidence, such as an employer's assignment letter or a family member's medical records);
• Your past travel records and evidence of your ties to the U.S. (keep these, and submit them if needed).

If you can't return in time: the SB-1 returning resident visa

Green card holders who have been abroad for more than 1 year (without a reentry permit), or beyond the validity of their reentry permit, can apply to a U.S. embassy or consulate for an SB-1 returning resident visa. You must show that:

• You had lawful permanent resident status when you left the U.S.;
• You intended to return when you left, and have always intended to return;
• Your extended stay was due to reasons beyond your control (such as serious illness of yourself or a family member, a pandemic, or travel disruptions), not by choice;
• You still qualify for an immigrant visa (a new medical exam and so on may be required).

SB-1 review is strict, and proving that the delay was "beyond your control" is often the hard part. If you're refused, you generally have to immigrate again through a family-based, employment-based or other route. For official information, see the State Department returning resident page.

Effect on naturalization

A reentry permit protects your green card, not the "continuous residence" required for naturalization. A single absence of 1 year or more generally breaks continuous residence for naturalization even with a reentry permit; an absence of 6 months to 1 year is presumed to break it. People working abroad for the U.S. government, certain U.S. companies or research institutions can file N-470 in advance to preserve residence for naturalization, but that form doesn't preserve the "physical presence" requirement, and its scope is limited. For naturalization requirements, see N-400 naturalization requirements and process.

Tax filing and intent to reside

Green card holders are generally tax residents under U.S. tax law and must report their worldwide income on U.S. tax returns. Filing as a "nonresident," or not filing during a long absence, can be used as evidence that you've abandoned your intent to reside permanently, affecting both your green card and naturalization. Before a long absence, we recommend also consulting a tax professional about your filing obligations and foreign account reporting.

Keeping ties to the U.S. also matters, for example: keeping a home (owned or on a long-term lease), U.S. bank accounts and credit cards, a valid driver's license, professional licenses, and U.S. work or business relationships, and keeping records of them.

Common mistakes

• Thinking "coming back once a year is fine": coming back for only a few days each time while living mostly abroad can also be found to be abandonment;
• Thinking a reentry permit protects you for naturalization;
• Remembering to apply for a reentry permit only after leaving: it must be filed from inside the U.S.;
• Leaving before completing biometrics, which affects the application;
• Signing an I-407 at entry without thinking.

Common questions

Related reading

• Travel tips for green card holders
• N-400 naturalization requirements and process
• U.S. family immigration: who can petition for whom?

This article is general information and is not legal advice. Laws and policies can change; rely on the latest official information and on an attorney's advice for your specific situation.