• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Going abroad for the second time in the last year... Re-entry permit?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jchristine

Junior Member
What is the name of your state? California

Hello,

I am a college student and a US permanent resident, and I had to go abroad for about six months (last October through March) due to an urgent family matter. When I re-entered the US in late March, the immigration officer reproved me for being out of the country for as long as I was and repeatedly suggested that I acquire a re-entry permit the next time I go abroad. Thus, I filed for a re-entry permit in early April, and according to the processing times listed on the USCIS site, it seems highly unlikely that I will receive it before the summer is long gone.

I would very much like to visit my family overseas again before school starts in September, which would mean leaving the US for about a month and a half. Could anyone please offer me any advice on whether or not I would be able to do so without a re-entry permit? From what I can gather from the I131 application form and the USCIS site, I am allowed to leave the US as long as the trip duration is under a year - am I correct in thinking so?

Thank you so much in advance.
 


ImmigAttyLana

Senior Member
Yes, you are ok to travel internationally if you do not go for a very long time. A month to a month and a half visit should be fine.
 

jchristine

Junior Member
Thank you so much, Lana! I was worried about it because the immigration lady back in March was rather rude about it all, but good to know I'll be all right.
 

evcalyptos

Senior Member
What is the name of your state? California

Hello,

I am a college student and a US permanent resident, and I had to go abroad for about six months (last October through March) due to an urgent family matter. When I re-entered the US in late March, the immigration officer reproved me for being out of the country for as long as I was and repeatedly suggested that I acquire a re-entry permit the next time I go abroad. Thus, I filed for a re-entry permit in early April, and according to the processing times listed on the USCIS site, it seems highly unlikely that I will receive it before the summer is long gone.

I would very much like to visit my family overseas again before school starts in September, which would mean leaving the US for about a month and a half. Could anyone please offer me any advice on whether or not I would be able to do so without a re-entry permit? From what I can gather from the I131 application form and the USCIS site, I am allowed to leave the US as long as the trip duration is under a year - am I correct in thinking so?

Thank you so much in advance.
First of all, I agree with Lana. A short visit like you describe should not be a problem.
But for your future reference, the re-entry permit is one document that you can leave the US without. You must apply for it while you are inside the US, but you can have it delivered to the the US Consulate in the country you'll be in and pick it up overseas.

For this trip, you can carry copies of your school enrollment details; that shows that you do live in the US and have things going on here. The border agent was just being a little strong, and worried that maybe you don't really live in the US.

the absence of more than 6 months at a stretch does break your continuous residency for naturalization. If you plan on becoming a US citizen, you'll want to keep detailed notes on your international travel for application N-400.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top