What is the purpose of a Reentry Permit?

Purpose. The first main purpose of a reentry permit is to allow green card holders, who have left the U.S. for one year or more, back into the United States in law permanent resident status, during the validity term of the reentry permit. More technically: a reentry permit is a United States travel document that allows a lawful permanent resident or conditional permanent resident to apply for admission after a trip abroad “without the necessity of obtaining a returning resident visa.”

Why the green card alone is not enough. A Permanent Resident Card (Form I-551) satisfies the documentary requirement for admission only for a resident “seeking readmission after a temporary absence of less than 1 year,” 8 CFR 211.1(a)(2). Once an absence passes the one-year mark the card no longer serves as the entry document, while a valid reentry permit does. Closing that gap is the first and most concrete purpose of the permit.

The abandonment function. The second purpose is evidentiary. A permanent resident or conditional permanent resident holding a valid permit “who is otherwise admissible shall not be deemed to have abandoned status based solely on the duration of an absence or absences while the permit is valid,” 8 CFR 223.3(d)(1). That protection matters because a returning resident is treated as seeking admission, and so must face the grounds of inadmissibility, where the resident has abandoned permanent resident status or has been absent for a continuous period in excess of 180 days, INA 101(a)(13)(C)(i) and (ii).

Evidence, not entitlement. The permit rebuts an inference drawn from the length of an absence alone. It does not immunize the holder against a finding of abandonment supported by other evidence, such as the location of employment, home, family and financial ties. The statute is explicit that a permit “shall have no effect under the immigration laws except to show that the alien to whom it was issued is returning from a temporary visit abroad,” and equally explicit that it is not the exclusive means of showing that fact, INA 223(e). Admission still depends on inspection at the port of entry, and USCIS cautions that holding the correct document does not guarantee admission.

More than one trip. During its period of validity a permit may be used for one or more applications for reentry, INA 223(c). It is presented to the immigration officer on arrival and surrendered when its validity expires, INA 223(d).

Naturalization is a separate test. A reentry permit does not preserve continuous residence for naturalization. An absence of one year or more breaks the continuity of residence, and an absence of more than six months but less than one year breaks it unless the applicant establishes that residence was not in fact abandoned, INA 316(b), 8 USC 1427(b). Preserving residence for naturalization purposes depends on a separate approval and a qualifying employment abroad under INA 316(b).

Use in place of a national passport. Permanent residents who cannot obtain a passport from any country sometimes present a reentry permit to foreign authorities as a travel document. Whether a particular government will accept it for entry or transit is a question of that country’s law rather than of United States immigration law, and it should be confirmed with that country’s consulate before travel.

Related pages

Reentry Permits introduces the subject and covers eligibility, filing mechanics and validity. Can a reentry permit be obtained from outside the U.S.? takes up the requirement of filing from within the United States. Does a reentry permit guarantee that a permanent resident will be readmitted to the U.S.? addresses the limits of the document at the port of entry. Does a reentry permit prevent the breaking of continuity of residence in the U.S. for purposes of naturalization? deals with the naturalization question. Questions about a specific set of facts may be directed to Antao & Chuang through the firm’s contact page.