Re entry Permit Question - Please help!

[HXM]

Hi All,

I got my green card six months ago. Due to some family issues I have to go back to my home country, Pakistan, temporarily (for a year and a half at most). I intend to visit the US every six months to maintain continuity of residence. I will also maintain my bank account and credit cards. Since I am a renter I do not have an apartment but have managed to retain a mailing address.

I consulted two attorneys to discuss my situation. The problem is that they provided me with conflicting opinions about getting a re-entry permit. With one lawyer strongly suggesting that I apply for one before my departure and the other suggesting that my green card will be considered as my "re-entry permit", since I will come back every six months.

I would appreciate your input on re-entry permit situation and any suggestions that can help avoid problems in the future.

Thanks.

 

[kaoticfury]

my understanding is if you travel there for more than 6 months, u may need re-entry permit

if not...GC is good for coming back

correct me if i am wrong

 

[alassea]

I consulted two attorneys to discuss my situation. The problem is that they provided me with conflicting opinions about getting a re-entry permit. With one lawyer strongly suggesting that I apply for one before my departure and the other suggesting that my green card will be considered as my "re-entry permit", since I will come back every six months.

They both make good points actually. The 2nd attorney is correct in saying that you don’t need to apply for a reentry permit since you will be back every six months and you have the green card to show for your PR status. Traveling abroad for more than six months but less than one year does not require a reentry permit. A reentry permit is required only for travel that will be longer than one year. However in your case, since you’ll be repeatedly traveling in and out the U.S. (in the span of 1 ½ years), with an intention of coming back to the U.S. every six months, CBP officers at POE may come up questioning you of your ties to the U.S. (if you’re really residing there and maintaining LPR status or not). CBP officers may have doubts if you’re really going to stay in the U.S. for good (every time they allow you admission after your long trips abroad), or if you’re just one of those people trying to beat their system. The 1st attorney suggested you apply for a reentry for this matter, as a precaution on your part so that CBP will not give you much of a hard time reentering, and since you know very well you’ll be out to your family in Pakistan for 1 ½ years utmost. Also, in case unforeseen circumstances arise and you don’t get to return to the U.S. on the time you’ve intended to (and say, overstay in Pakistan for more than one year), a reentry permit is really good to have in hand. A reentry permit is one good evidence to show you have the intention of coming back and maintaining your status in the U.S., and that your stay abroad is really for a temporary purpose.


Disclaimer: Just my opinion, not a legal advice. I'm not an immigration attorney so please use at your own risk.

 

[ssimmi]

The 1st attorney suggested you apply for a reentry for this matter, as a precaution on your part so that CBP will not give you much of a hard time reentering, and since you know very well you’ll be out to your family in Pakistan for 1 ½ years utmost.

Is it okay to have the re-entry permit as a backup even though you may never use it. Are you better of using the GC instead of the re-entry permit if the stay is less than 1 year.

Isn't the permit for stays of over a year upto two? So, even if its over 6 months and less than a year, you could still enter using the GC?

Can the re-entry permit be used a multiple number of times, upto its validity, which I think is 2 years?

Thanks

 

[HXM]

JoeF,

Have you ever been asked for /questioned about the re-entry permit upon arrival at a US airport