Re-entry Permit and Working outside USA

H

Hemant Saria

New Member
Hello to everyone,

I have had a green card for approximately 2 years now. It was based on marriage and I will be applying for the condition to be removed next month.

I am an airline pilot and have a 3 year contract job offer from an airline in ASIA(not my home country). I am really interested in the job and as a pilot I will be flying in and out of USA on a weekly basis. And in the airline world the contract is somewhat a commuting contract. Work 2 months and get 3 weeks off- so when i am off for three weeks I will be in the USA. I understand it is under the 6 months unsaid rule and certainly under the 1 year rule as laid down by the USCIS. However, just to be on the safe side I am thinking I should apply for a re-entry permit, incase I have to use it.

To my understanding a re-entry permit is valid for 2 years. However, can it be used multiple times or is it usable only once and then you apply every time for it again? Any information on that? Please advise.

Also, I can apply for naturalization after 3 years of getting my green card and I have to be physically present in USA for 18 months (since it is marriage based) which I already have. After I apply for re-entry permit and once it is approved and I travel outside USA, does the re-entry permit resets the time period and starts again after I re-enter USA for the purpose of Naturalization?

I will be 2 years on Green-Card in September and from October 2015 if I work outside of USA and in October of 2016, I can apply for Naturalization. Is this possible?

Please share thoughts and your comments.
 
The reentry permit has no effect on your application for naturalization, either positive or negative. It simply does not matter. You still need to satisfy the usual requirements for naturalization: three years of continuous residence, and 18 months of physical presence within those three years.

You can use the reentry permit an unlimited number of times until it expires in two years, but you don't need to use the reentry permit unless you have been absent from the USA for more than one year, and obviously it is not possible to be absent from the USA for more than one year more than once within a two-year span.

I do not think you need a reentry permit in your situation. You have three weeks off every two months, which is well within the six-month limit, and certainly within the one-year limit. Also, if you're flying in and out of the US weekly, then your clock resets every week, not every two months. "Airline pilot" is one of the best excuses ever for accruing lots of international travel on your record. Applying for the reentry permit also costs some money, and you have to be in the US to get your biometrics taken.

Note also that you must satisfy some additional requirements in order to apply for naturalization. Your spouse must reside with you in the US for the entire three-year span of your continuous residency, and you must also reside in the same USCIS district without change for 90 days prior to applying. Keep track of the exact dates of every single trip that you make, since you need this information to apply for naturalization.
 
Thank you for the reply Harry. Really appreciate it. A quick question if you do not mind-

i) To meet the naturalization requirement, does one has to be present physically in the USCIS district or be a resident of the particular state/district? I will meet the physical requirement for naturalization, it shouldn't be a problem at all. I already have 18 months and would have an additional couple of months in the near future. And my spouse/wife has been living with me in the USA for the entire period, and would be living with me for the future too even if we travel out of the country for couple of months.
ii) I am still a conditional resident and would be applying for conditions to be removed next month. Would that have an affect on me travelling back on forth? I mean from the period of my conditional green card expiring to receiving a new green card without condition, it can take a while before that happens, and most likely the USCIS will give me an extended sticker for the time being.

Any suggestion?

and last-

iii) If i work in another country, and they want to apply for a resident visa for me?(Not a permanent resident- but a temporary resident) shall that be ok? Or shall I decline that and ask for a business visa?

Thanks
 
The naturalization requirement is:
  1. Three unbroken years of continuous residence in the United States,
  2. Within those three years, 18 months of physical presence in the United States,
  3. 90 days of unbroken continuous residence in a single USCIS district during the 90 days immediately prior to applying.
Usually when you petition for removal of conditions they are not scrutinizing your residence or travel. They are scrutinizing your marriage and your relationship with your spouse and whether it is in good faith. Once you receive your receipt indicating that they have received your petition, you can travel during the year after you petition for removal of conditions, and it is no different from any other travel when you have your green card. However, I do not think it is wise to travel before you receive your receipt if your green card has expired. I recommend petitioning as early as possible (90 days before your green card expires) in order to make sure that you get your receipt in time and before the green card expires.

A temporary resident or work visa in another country should be no problem especially if you have a really good excuse such as "airline pilot."
 
Sure. For naturalization purposes, you should try to avoid any single continuous 180-day period outside of the US. Otherwise you will have to prove that you maintained continuous residency. I think you could probably prove this in your case, especially with your job title, but it would be easier to avoid the hassle in the first place. (A reentry permit makes no difference for naturalization purposes -- it just lets you reenter the US without having to prove continuous residency.)

Similarly, you must avoid having any single continuous 365-day period outside of the US. Such a long absence will invalidate your continuous residency and you'll have to wait another three years to apply for naturalization. Without a reentry permit you'll also probably lose your green card in this case. With a reentry permit you won't lose your green card, but you'll still be ineligible for naturalization.

Finally I emphasize once again to keep track of the exact dates of every single trip, no matter how many trips you make. You need this in order to prove you satisfy the physical presence requirement.
 
I agree. My trips wouldn't exceed 80-90 days at a time and most of the times I will be back in the US on a weekly to biweekly basis for sure.

Certainly, I agree keeping a track of travel history is a must and I have a record of all the trips I have taken outside of USA even for work.
 
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