Re-entry Permit

Generally, LPR must present admission document upon entry to the US or be inadmissible. INA Section 212(a)(7)(A). LPR must present green card (I-551), or re-entry permit, but USCIS may waive requirement. 8 CFR 211.1(b). If an LPR returns without proper documents after temporary absence abroad and good cause exists for the failure to present an unexpired immigrant visa, permanent resident card, or re-entry permit, LPR may request a waiver at the port of entry under INA 212(d)(4) which CBP executes on an I-193 form.

Waivers are not adjudicated in advance and the decision to adjudicate a waiver is in the sole discretion of the port director. If LPR card was lost or stolen, and he has been absent less than one year, he may file an I-90 for a replacement card, rather than waiver application. 8 CFR 211.1(b)(3). Mere fact of possession of an entry document does not guarantee admission. Returning LPRs are not applicants for admission except under certain circumstances listed in INA 101(a)(13). If LPR is considered not seeking admission into the US, he is not subject to all inadmissibility grounds.

If applicant loses his green card or it is stolen while abroad, the procedure for seeking a travel document before boarding an aircraft should be directed at the appropriate US consulate or embassy.

What you need to know about Re-entry Permit

Re-entry permit must be applied in the US before departure. The application can only be accepted if the LPR is physically present in the United States when the application arrives at USCIS facility. Departure before the decision but after biometrics does not affect the validity of the document. 8 CFR 223.2(d) Reentry permit may be picked up at the US consulate or embassy signated abroad. Applicants may also travel outside the US between teh date on which the I-131 is filed and the date of the biometrics appointment but will need to return to the US for biometrics.

Re-entry permit is valid for 2 years and not renewable, but the applicant may return to the US and get a new one issued. If LPR applicant has been outside the US for an aggregate of four years since becoming a permanent resident or four of the last five years, whichever is shorter, the validity period of the re-entry permit will be limited to one year. 8 CFR 223.2, 223.3 unless the LPR is employed by a public international organization that US is a member, a professional athlete, an employee of the American University in Beirut or a civilian or military employee of US government abroad. 8 CFR 223.2(c)(2)

Abandonment of Residence

Possession of re-entry permit does not prevent DHS from inquiring as to whether the holder abandoned his residency. It simply prevents the DHS from relying solely on the duration of the absence as a basis to determine abandonment. 8 CFR 223.3(d)(1) Further, a re-entry permit does not bar DHS from refusing admission to the holder and placing him in removal proceeding.

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