Permanent residents ordinarily need only to produce their green cards at the port of entry in the US upon returning from a brief visit abroad. Absence from the US for more than one year requires a reentry permit, in addition to exhibiting the green card for readmission. Without a reentry permit, an alien who made a trip abroad and remained outside of the US for more than one year must apply for a “special immigrant” visa at a US embassy abroad that will permit the alien to be readmitted as a permanent resident.

It is advisable to apply for a reentry permit if the intended trip abroad would possibly extend beyond one year. The reentry permit is valid for up to two years from the date of the alien’s departure from the US.

If the alien does not return to the US within the two years, he can no longer use the re-entry permit for his return. He will have to apply at the US Consulate abroad for a special immigrant visa to re-enter the U.S.

Permanent residents should be aware that extended absences from the US, even if interrupted or broken by brief visits to the US every year, could be interpreted by the Citizenship and Immigration Service (CIS) as abandonment of permanent residence.

The INS looks into the intentions of the alien, as manifested by his actions, in determining whether the alien’s extended stay abroad constitutes abandonment of residence in the US. The following factors, among other things, are material in determining the alien’s intentions with respect to preserving his/her residence in the US: a) filing US tax returns as a resident, b) ownership of assets in the US, c) maintenance of a US bank account and credit accounts, d) renewal of US driver’s license, e) documentation that work abroad has definite terms and duration, f) family ties in the US and g) maintaining a US address.

By Januario G. Azarcon, Esq.


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