Lawful permanent residents (Green Card holders, including conditional residents) should always take their I-551 forms with them when they travel abroad. Having the Form I-551 can help them when they return to a port of entry by providing verification that they actually have been granted LPR status.
A Form I-551, however, is generally valid only if the person has not been absent for more than 1 year. LPRs may use reentry permits to seek to reenter the United States if they have been absent for 1 year or more. A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit’s validity, without having to obtain a returning resident visa from the U.S. Embassy or consulate.
For LPRs returning to the United States, reentry permits are generally valid for 2 years from the date the reentry permit was issued. The LPR should apply for this benefit before leaving the United States.
A reentry permit can also be issued to a lawful permanent resident who, prior to departing a country abroad, applied to a Department of Homeland Security (DHS) office abroad for a duplicate Form I-551 or for a visa waiver under section 211(b) of the Immigration and Nationality Act (the Act), but who, because of emergent conditions, must depart before action can be completed on their application.
Conditional residents may also use reentry permits to reenter the United States after travel of 1 year or more. For conditional residents returning to the United States, reentry permits are generally valid for 2 years from the date the reentry permit was issued or until the date the conditional resident must apply for the removal of conditions, whichever comes first. The conditional resident should apply for this benefit before leaving the United States.
Please note that a reentry permit does not guarantee admission into the United States. Aliens with reentry permits are still subject to inspection at the port of entry and may be denied admission if they are inadmissible. It is also important to note that travel outside of the United States for more than 1 year under most circumstances will break the continuous residence requirement for later naturalization purposes. Travel for more than 6 months also may break the continuous residence requirement. See Section 316 (b) of the Act.
USCIS does not extend the validity period for reentry permits. If a reentry permit is due to expire, the person should file an application for a new reentry permit. See Section 223 of the Act.
Reentry permit should be filed by completing Form I-131. Along with this form, if the alien is a permanent resident or conditional resident, he or she must attach: A copy of the front and back of the alien registration receipt card (Form I-551); or If he has not yet received his alien registration receipt card, a copy of the biographic page(s) of his passport and the visa page of his passport indicating initial admission as a permanent resident, or other evidence that the alien is a permanent resident; or A copy of the approval notice of a separate application for replacement of the alien registration receipt card (Form I-797) or temporary evidence of permanent resident status.
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U.S. Citizenship and Immigration Services (USCIS) has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes, which will become effective March 5, 2008, that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Centers (ASC) for background and security checks and requirements for secure travel and entry documents containing biometric identifiers. As indicated in the instructions, when the biometrics requirement becomes effective, USCIS will notify applicants of their appointment at the designated ASC after submission of the I-131 application.
The new instructions for Form I-131 require that applicants for re-entry permits and refugee travel documents who are ages 14 through 79 provide biometrics before departing from the United States. Applicants also are strongly encouraged to apply, whenever possible, well in advance of their anticipated travel dates to allow time to attend their ASC appointments and to receive their travel documents. Shortly after filing an I-131 form for a Refugee Travel Document or a Re-entry Permit, USCIS will mail the applicant his or her receipt and an ASC scheduling notice. The I-131 instructions also provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States.
The instructions also discuss the requirement for applicants for re-entry permits and refugee travel documents who are in the United States to pay the $80 biometrics services fee, or to submit a biometrics fee waiver request with sufficient documentation to support their inability to pay the fee. As in the past, the application fee for the I- 131 form cannot be waived.
In addition, if applicants require expedited processing, the instructions provide specific information for submitting pre-paid express mailers with the I-131 for USCIS to send the applicant his or her receipt and ASC appointment notice, as well as the complete Re-entry Permit or Refugee Travel Document, if approved. A request for expedited processing should contain the applicant’s reasons for such processing.