Options for Lawful Permanent Residents (LPRs) Who Have Been Outside the U.S. for More Than One Year
|January 27, 2012||Posted by admin under Admission & Admissibility||
U.S. residents, also called “green card” holders, often hold strong ties to their home country. They may have family back home or a business they are still tending to. They may stay outside the United States for more than a year intentionally or accidentally or because circumstances arose beyond their control.
LPRs will hear from friends, family or a lawyer who tell them that staying outside the United States for more than one year will cause them problems. They are right. Customs and Border Patrol (CBP) may deny your admission for having abandoned your permanent residence (and it will affect you when you apply to become a naturalized U.S. citizen). This article discusses the former.
What can you do? Depending on your situation, the options below may protect you from losing your lawful permanent resident status.
- Apply for a Reentry Permit. A re-entry permit is good for 2 years. The application requires that USCIS capture your biometrics (fingerprints) for which you must be present in the United States. Your biometrics appointment will be scheduled within 2-3 months from the date that you file your application for a reentry permit.
- Apply for a Returning Resident or “SB-1” Visa from the US Embassy in Your Country. This visa is very fact and circumstance specific and is available to LPRs who have been outside the United States for one year or longer (or two years or longer where a Reentry Permit had been obtained) due to circumstances beyond their control. Retention of all documents to explain your situation is essential. Even if the SB-1 Visa is granted, be prepared to explain your case again when you reach a U.S. port of entry.
- Applicants for lawful permanent residence, that is those who have a Form I-485 pending with USCIS, must obtain an “Advance Parole” document before departing the United States. If you have no other status in the United States and you are waiting for your green card application to be approved, you will not be allowed to reenter the United States without an approved and valid advance parole document.