Lawful permanent residents often need to travel outside the United States for a variety of reasons, from tending to family matters to furthering their careers. These trips are usually short and have no impact on their immigration status. Things become more complicated when those visits become longer, or when the resident makes another country their primary residence. In these situations, it is possible to be prevented from re-entering the country on a green card.
To avoid these consequences, you will need to apply for a reentry permit. Our experienced green card attorneys at Jag Law, PLLC could advise you on when this is necessary and walk you through the process. Reach out to us today to learn more about re-entering the U.S. in Palm Bay.
A reentry permit allows a lawful permanent resident to stay outside the United States for up to two years without being presumed to have abandoned their residency. The unfortunate reality is that many people leave the country without the intention of staying away long, only for circumstances to change once they are abroad.
When such things happen, immigration officials may treat the person as having abandoned their green card. This is a worst-case scenario for a lawful permanent resident, as it may cause them to lose legal permanent resident status or even their path to U.S. citizenship. Securing a waiver is the best way to avoid this outcome and keep your lawful permanent resident status.
A waiver request focuses on two main points. First, you must show that you had lawful permanent resident status when you left the United States. Second, you must prove that your extended stay was temporary and caused by circumstances you could not control. A Palm Bay reentry attorney could help you with every aspect of this process.
A Palm Bay attorney could assist you with each of the following waiver steps when re-entering the U.S.:
Before starting the process, you must confirm that you qualify. You need to show that you were a lawful permanent resident when you left the United States and that your extended stay abroad was unplanned and outside your control.
Most applicants must file Form DS-117, which is the application for returning resident status. This form will include all of the important information about your trip, including where you went and the reason you stayed so long.
The form alone is not enough, as you will need documents that support your reasoning. In addition to proving your permanent resident status, you might also need to supply records explaining why you were out of the country or documents that show your intention of residing in the U.S. long-term.
After submitting your application, you will attend an interview at a U.S. embassy or consulate. During the interview, an officer will review your case and ask questions about your time outside the United States.
After you apply for reentry, the government reviews your case to decide whether you qualify for returning resident status. If your application is approved, you will move forward with immigrant visa processing and eventually return to the United States as a lawful permanent resident. At that point, you can resume your status without starting the immigration process from scratch.
If your application is denied, you may lose your permanent resident status. In that situation, you may need to apply for a new immigrant visa through a family member or employer. Working with a Palm Bay reentry attorney can help you prepare a stronger application and avoid mistakes that might hurt your chances of getting a waiver.
Extended travel outside the United States can put your permanent resident status at risk, but there are ways to protect yourself. Thankfully, you do not have to take this path alone. Reach out to our team right away to learn more about re-entering the U.S. in Palm Bay. Our team at Jag Law, PLLC looks forward to helping you with your immigration needs.
