Require information for Reentry permit.

[dilip001]

Hi

I know many people asked this question but couldn't find all information in one place.

We are GC holder and want to go India to take care parents. My wife is in India and will come back in few months.

1. When we apply reentry permit do we require to be in USA ?
2. Do we need to wait for reentry permit before we leave country or we can ask to send at friend address and he can send to us in India.
3. When we apply reentry permit can we apply for future date. like if I apply in July,2005 and wanted to stay out of country from 1/1/2006 to 12/31/2007. Is this possible ?
4. I think we don't require reentry permit if we come back with in 1 year. If we come within 9 months and want to go again how long we should stay here , before we plan for next long 9-10 months trip ?

I appreciate responses and any tips also.

 

[pralay]

1. When we apply reentry permit do we require to be in USA ?

YES.

2. Do we need to wait for reentry permit before we leave country or we can ask to send at friend address and he can send to us in India.

You don't need to wait.

3. When we apply reentry permit can we apply for future date. like if I apply in July,2005 and wanted to stay out of country from 1/1/2006 to 12/31/2007. Is this possible ?

No. REP is valid from the date of approval for two years.

4. If we come within 9 months and want to go again how long we should stay here , before we plan for next long 9-10 months trip ?

Yes, you can do that, provided you are not abandoning your LPR status in USA and your abroad stay is temporary in nature.

 

[lohith]

No. REP is valid from the date of approval for two years.

Yes, you can do that, provided you are not abandoning your LPR status in USA and your abroad stay is temporary in nature.

When do we need to apply for REP? Is it MUST to have/apply for REP, if the abroad stay is more than 6 months, but less than 12 months?

 

[pralay]

When do we need to apply for REP? Is it MUST to have/apply for REP, if the abroad stay is more than 6 months, but less than 12 months?

If you are pretty sure that you are going to comeback within year and you are not abandoning your LPR status (i.e. fulfilling various conditions of LPR status and plus, you are able to convince POE officer clearly why you are absent for that long period), you don't need REP. Basically when you are leaving USA, you have to ask yourself whether there is any sign that looks/appears that you are abandoning your LPR status. If answer is YES, then it's better to apply for REP. For example, taking a perm employment abroad cartainly looks like you are abandoning your LPR status. On the other hand, taking vacation for taking care of sick parent when your immediate family (wife/husband, kids) still living in USA may not looks that you have abandoned your LPR status.

 

[arcdocs]

A re-entry permit is needed when you anticipate that you will be abroad for more than a year and is valid for 2 years from the date of approval. Now, while the above is true whether you have abandoned your LPR status or not is totally at the discretion of the officer at the port of entry whether or not you have the permit. Let me explain. Having a permit or a visa or even a green card DOES NOT confer an absolute right to re-enter the USA if the admitting officer finds you inadmissable. Whether or not you have abandoned your status depends upon your travel history. If it is obvious that you have repeatedly stayed abroad for several months and have hardly been physically present in the US in the last few years then simply having a re-entry permit will not prove that you have not abandoned your LPR status. There was recently some news in the media about a woman who was denied entry inspite of having a valid re-entry permit because she was unable to prove to the admitting officer and subsequently to an immigration judge that she had ties to this country. She was deported back to her home country. Her case was basically one in which she had repeatedly made use of the permit (basically abused it). I would consult with an immigration attorney depending upon your circumstances.