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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

Length of a single absenceEffect on the green cardEffect on "continuous residence" for naturalization
Less than 6 monthsGenerally not treated as abandoning residence, but frequent trips with long total time abroad may still draw questionsGenerally not broken
6 months to 1 yearYou may be questioned closely at entry about whether the U.S. is still your home; the green card can still be used as your entry documentPresumed broken; can be rebutted with evidence such as keeping a U.S. job, home and tax filings
1 year or moreWithout a reentry permit, the green card can no longer be used as an entry document; you are generally presumed to have abandoned residence and usually must apply for an SB-1 or start the immigration process overGenerally broken (a reentry permit doesn't prevent this)

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

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

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:

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

Common questions

Can I leave right after filing the I-131?

You should generally wait until you've completed biometrics. Leaving after biometrics usually doesn't affect approval, and you can choose to pick up the permit at an embassy or consulate abroad.

Can a reentry permit be renewed?

It can't be extended from abroad. You need to return to the U.S., file a new I-131 from inside the country, and complete biometrics again.

Can a reentry permit be used as a passport?

A reentry permit is itself a travel document and can be used to return to the U.S., and some countries also accept it as an entry document, but you should still carry a valid passport from your country of citizenship. Follow the rules of your destination country.

Can someone with a pending I-485 apply for a reentry permit?

That's a different thing. To travel while an I-485 is pending, you apply for "advance parole," also filed on Form I-131; see Adjustment of status (I-485). Reentry permits are only for people who already have green cards.

Related reading

Planning to leave the U.S. for a long time, or already abroad for a while and worried about your green card? Book an attorney assessment. Based on your travel plans and ties to the U.S., we'll explain your options for a reentry permit, an SB-1 and the timing of naturalization.

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.