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Re-entry Permit

USCIS Fact Sheet regarding Travel outside of the U.S. by Asylum Applicants, an Asylees, and LPRs based on Asylum

The USCIS has published a Fact Sheet regarding travel outside the United States by Asylum Applicants, Asylees, or Lawful
Permanent Resident who obtained Lawful Permanent Resident status based on Asylum Status. The USCIS notes:

Does a Re-entry Permit guarantee that a permanent resident will be readmitted to the U.S. ?

NO. Neither a Re-entry Permit, nor a green card (for trips taking less than one year), nor the "special immigrant" visa, will guarantee that a permanent resident will be readmitted to the U.S.

 

Remember: the immigration inspector at the port of entry always has the right to refuse entry to any permanent resident if he or she deems that the individual has either abandoned the intent to remain permanently in the U.S., or has committed a crime, or falls within one of the grounds for exclusion under U.S. immigration law.

What is the purpose of a Re-entry Permit?

The general purpose of a Re-entry Permit is to allow green card holders, who have left the U.S. for more than one year, but for less than two years, back into the United States. Permanent residents who leave for less than one year can generally re-enter the U.S. through the use of their "green card" plus their passport. However, permanent residents who remain outside the U.S. for more than one year CANNOT use their "green card" for this purpose. Consequently, they must obtain a Re-entry Permit IN ADVANCE, PRIOR TO LEAVING THE U.S.

Those green card holders who remain outside the U.S. for more than two years must obtain a "special immigrant" visa at a U.S. consulate abroad, in order to re-entry the U.S.

Re-entry Permits

A Re-entry Permit is a document issued by the USCIS to lawful permanent residents ("green card" holders) as a travel document. Green card holders use re-entry permits to re-enter the U.S. after travel of one year or more.

Keeping your greencard

If you already have a green card, there are certain precautions you should take to keep it, i.e., not have the government take it away.

Does a Re-entry Permit prevent the breaking of continuity of residence in the U.S. for purposes of naturalization?

Generally no: a permit to-reenter does not relieve the person to whom issued from meeting the requirements of the naturalization laws.

Notwithstanding the possession of a reentry permit, absence from the United States by an applicant for naturalization for a continuous period of one year or more during the period for which continuous residence in the United States is required for admission to citizenship will break the continuity of such residence, except where, the applicant meets other exceptions.

Does a Re-entry Permit allow one to re-enter the U.S. who would otherwise be excludable from the U.S. as inadmissible?

NO. A Re-entry Permit does not relieve the holder from meeting the other requirements of the immigration laws. Persons who have been convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude either before or after entering the United States, other criminal, immoral, insane, mentally or physically defective aliens, those afflicted with loathsome or contagious diseases, and others found to be inadmissible under the immigration laws are subject to exclusion if attempting to reenter, notwithstanding they may be in possession of permits to reenter.

Can a Re-entry Permit be obtained from outside the U.S.?

NO. An application for a Re-entry permit can only be made by an applicant who is physically present in the United States at the time of application.

Other Matters

This section covers a number of miscellaneous topics in U.S. immigration.

Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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