Re-entry Permit Attorney in San Jose, CA, Providing Legal Advice in the Practice of Immigration Laws
People from across the world come to America looking to live their lives with better opportunities. However, not everyone who files for permanent residence in the U.S. is able to bring their family with them, and it is perfectly reasonable to understand why they may want to be allowed to travel back to their home country and visit family members now and then. In addition to that, permanent residents should be allowed to travel for leisure and vacation as well. By securing a re-entry permit, those with green cards will be allowed to leave the U.S. and then re-enter without the government stripping them of their permanent residence status.
The re-entry permit is a travel document that is reserved for green card holders who meet the required criteria and are thusly approved by the United States Citizenship and Immigration Services (USCIS). To make sure that your application process goes smoothly, we absolutely recommend hiring the legal representation of lawyers experienced in these types of cases. At the California law firm of Yew Immigration Law Group, every new client will be treated with respect and decency by the lawyer and her knowledgeable legal staff.
Even those who are approved for a re-entry permit may still typically expect to pay certain filing fees or face other complications in the process. If our office is hired to represent your needs, we will provide you and your family with dedicated immigration services and try to keep you informed throughout so that you know what to be prepared for and what should be expected.
Call today to set up an interview where we may review your individual case and offer guidance as to how best to proceed from there.
What Are Re-entry Permits, and How Can Reentry Permit Lawyers Help Your Case?
The USCIS re-entry permit is a document issued to lawful permanent residents who wish to travel for over six months. The applicant must be in the United States when they file the application. After filing, the applicant can leave the U.S., and the re-entry permit can be received abroad. The applicant may also wait for the re-entry permit before leaving.
In some situations, a resident can request expedited services. The situations that qualify for expedition include:
- Financial need
- Emergencies
- Humanitarian crises
- Nonprofit status of advancing the cultural and social interests of the U.S.
- A national interest situation that may prove detrimental to the government
- An error made by the USCIS
- Interest in the USCIS
If you are a green card holder and you want to travel the world, it is important that you obtain a re-entry permit first. Similar to filing a green card application, obtaining permanent residency, and other legal matters relating to the immigration process, securing re-entry permits can sometimes be a confusing and complicated situation. In order to ensure your time spent traveling abroad is a happy occasion with few difficulties when you plan to re-enter the United States, it is vital that you begin the application process for your re-entry permit without delay.
At Yew Immigration Law Group, our immigration lawyer can assist clients with permanent resident status with securing re-entry permits so that they can leave the country for an extended period but re-enter America without losing their status. To speak with an attorney about re-entry permits and other immigration services, please contact our law office for a consultation.
Are Biometrics (Photo and Fingerprints) Required to Secure a Re-Entry Permit?
Applicants must complete biometrics in the United States through the USCIS.
Because this can cause difficulties if the applicant needs to leave the U.S. soon, the government issued new guidelines to expedite requests for biometrics appointments:
- If someone needs their biometrics processing expedited, they can follow the instructions on Form I-131 to submit a prepaid express mailer, the completed re-entry permit, and the expedition request to the USCIS.
- For expedited fingerprint appointments, also called application support center (ASC) appointments, an applicant can give their email address or fax number to the USCIS Nebraska Service Center. The center will then send the appointment expedition information.
- If the applicant files the form but later realizes that they need an expedition, they can call the customer service number to discuss expediting their re-entry petition.
How Long is a Re-Entry Permit Good For?
A re-entry permit issued to a permanent resident is typically valid for up to two years. However, if the permanent resident has spent the majority of their time living outside of America since acquiring their green card, then the USCIS may only issue permits that are effective for one year total. For example, if an individual becomes a legal permanent resident of the United States but spends four of the first five years as a resident living in other countries, then their re-entry permit may have limitations put on it that are not typically seen on other re-entry permits.
There are exceptions to this rule, however, such as those whose work asks them to leave the country and travel for employment often. But these are restricted to the type of profession that the permanent residents have. For example, if they work for an organization for which the U.S. government is a member, or if they are acting on the instructions of the U.S. government, then they will be permitted to travel without limitations. Professional athletes who must travel the world, whether for the Olympics or other sporting events, are also given permission to travel without restrictions being placed on the length of their re-entry permits.
Can a Person Lose Their Lawful Permanent Resident Status if They Travel Abroad for Longer Than a Year?
A lawful permanent resident who spends more than one year abroad may return to the U.S. with a valid re-entry permit and will not be considered as having abandoned his or her residence unless they have taken up residence in another country.
When the resident applies for naturalization to become a U.S. citizen, he or she will be required to demonstrate that, during the one-plus year abroad, he or she maintained continuous U.S. residence or else risk the chance of being denied citizenship.
Can a Re-Entry Permit Be Denied?
While permanent residents in good standing should have reason to expect that their application for a re-entry permit will be accepted, there are a number of reasons why such a permit may be denied by the USCIS.
The most common reason why a re-entry permit may be denied is if there is another permit that is still active at the time in which you are filing for a new one. If you’ve lost your re-entry permit or had it stolen, you must clarify this with the officials during your applications.
Additionally, make sure to keep filing your tax returns while you are out of the U.S. Failure to do so may be taken as evidence that you have abandoned your status of residence, making matters more complex upon your return to America.
Even with a valid re-entry permit, it is possible that you may not be allowed to return to America as intended if you become ‘inadmissible’ while you were out of the country. Border and customs officials have the right to deny entrance into America if they believe you to be inadmissible or that you have abandoned your residence state.
In any and all of these cases, it is highly advisable that you speak with immigration lawyers experienced in the matters of re-entry permits.
Contact Our Law Firm to Schedule a Consultation with an Immigration Lawyer and Discuss How to Obtain a Valid Reentry Permit
Are you seeking a re-entry permit to the U.S. for yourself or a relative? Our San Jose immigration lawyer is here to help. At Yew Immigration Law Group, you will be provided with helpful and kind legal care. If you have any questions, our legal team will try to answer every question that is asked in order to restore some peace of mind. If there are any problems with your returning resident visa, your lawyer will attend to your needs through the confidential and attentive attorney-client relationship.
Please note that while this site endeavors to provide any prospective clients with accurate information, viewing the website does not constitute the beginning of your attorney-client relationship. The words on this site are for general information purposes only. For actual, personalized legal representation, you must discuss your case with the lawyer.
Though our law office is based in San Jose, we provide legal services to clients across the state of California, including localities such as San Francisco, Oakland, Santa Clara, and Los Angeles. If you’re a permanent resident looking to obtain a re-entry permit, please contact our firm for assistance.
Contact us online or by phone at (408) 645-6395 to arrange your initial consultation.