I am a green card holder and I have been outside of the United States for two years. I have a reentry permit and I just returned in April 2017. May I still leave the United States this year without a permit? I want to stay outside the country for four months. Do the restrictions vary depending on my home country?
Answers

Julia Roussinova
Schedule a Free Consultation with Top EB5 Visa AttorneysIf you intend to depart the from the United States for a period of longer than 1 year, you must apply for a reentry permit and maintain ties to the U.S. during your absence. If you have short travel plans, such as 4 months, you do not need a reentry permit.

Jinhee Wilde
Schedule a Free Consultation with Top EB5 Visa AttorneysAs a green card holder, your travel is unrestricted if you do not stay out of the country for more than 12 months—that would signal an abandonment of your permanent residency. If you return to the U.S. within 12 months, you will not need a reentry permit.

Fredrick W Voigtmann
Schedule a Free Consultation with Top EB5 Visa AttorneysA lawful permanent resident is supposed to live in the United States and maintain a residence here. If you stay outside of the U.S. for more than six months, you raise a presumption that you no longer have that intent. Absences of less than six months, if accompanied by other indications that you are not intending to permanently reside in the United States (getting a job overseas, selling your U.S. residence, etc.), could also raise such a presumption. It is best to carry documents indicating your ties to the U.S. and the fact that you are a permanent resident here. You could try for another reentry permit if you have a valid reason. Otherwise, they are going to want you to give up the green card and get a visitor visa, instead. These rules typically do not vary depending on your country of origin.

Sarah A Schroeder
Schedule a Free Consultation with Top EB5 Visa AttorneysYou do not technically need a reentry permit (REP). However, if you will be returning to the U.S. within a year of your departure, given your recent extended absence and your upcoming absence of several months, renewing the REP is another step you can take to evidence your intention to maintain the U.S. If your lawful permanent resident status were challenged, the government will look at a variety of factors, in addition to having a valid REP, to determine your ties to the U.S. (property, bank accounts, family, employment, travel history, etc.) in determining whether you have abandoned your residence. Therefore, if you anticipate additional extended absences from the U.S. following this 4-month absence or there is a chance your next trip could become protracted, a REP may be something you want to arrange to renew prior to departing the U.S. (since you cannot apply for a REP while abroad, as you may recall from your last application).

Diana Levy
Schedule a Free Consultation with Top EB5 Visa AttorneysYou only need a reentry permit if you plan to spend significant amounts of time abroad. If you are going for short visits (those under six months), you do not need a reentry permit. Please be advised: the reentry permit is a one-time deal; it cannot be renewed. If you are not planning to live and work in the U.S., you may be required to relinquish your lawful permanent residency.

Bernard P Wolfsdorf
Schedule a Free Consultation with Top EB5 Visa AttorneysThe restrictions are not based on your country. Maintaining permanent residence is relatively simple. Any absence of over 1 year without a reentry permit terminates your residence.

BoBi Ahn
Schedule a Free Consultation with Top EB5 Visa AttorneysFor stays less than one year abroad, a reentry permit is not required to prove that you have not abandoned your permanent residence in the U.S.
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