Kerb Law Group

Re-entry Permit

Re-entry Permit

A re-entry permit is a travel document that allows a lawful permanent resident (LPR) or conditional permanent resident (CPR) to apply for admission to the U.S. upon returning from a trip abroad.

A re-entry permit is valid for two years, and it allows the LPR or CPR to leave the U.S. for up to two years without abandoning their status. This is especially helpful for individuals who need to travel for work or family reasons, or who have medical or personal emergencies that require them to leave the U.S. for an extended period of time.

To apply for a re-entry permit, you must submit below documents:

  1. Form I-131, Application for Travel Document, to U.S. Citizenship and Immigration Services (USCIS)
  2. Copy of your passport
  3. Copy of your green card
  4. 2 US passport photos (2×2)
  5. Copy of the old Re-entry Permit (if any)
  6. Copy of the front and back of the driver’s license
  7. Letter explaining the reason for requesting leave
  8. Evidence supporting the reason for requesting leave

Once your application is approved, you will receive a re-entry permit that allows you to leave the U.S. for up to two years without abandoning your status. You can apply for a re-entry permit before you leave the U.S. or while you are outside the U.S., but you must be physically present in the U.S. when your biometric information is taken. 

It’s important to keep in mind that a re-entry permit does not guarantee admission to the U.S. upon your return. You will still be subject to inspection by U.S. Customs and Border Protection (CBP) when you re-enter the U.S., and CBP officers have the authority to deny admission if they determine that you are inadmissible.

In addition, a re-entry permit does not extend the validity of your LPR or CPR status. If your LPR or CPR status expires while you are outside the U.S., you may need to apply for a returning resident visa (SB-1) at a U.S. embassy or consulate before you can return to the U.S. as a permanent resident.

Re-entry permit FAQ

  • Legal permanent residents or conditional permanent residents who want to stay outside the United States for more than one year.
  • Legal permanent residents or conditional permanent residents who want to leave the United States but cannot obtain a passport from their country of nationality.

The Re-entry Permit is issued to US permanent residents (Green Card holders) and conditional permanent residents (temporary Green Card holders). Advance Parole is issued to foreign nationals who do not have permanent resident status in the US and who do not have valid immigrant or nonimmigrant visas to re-enter the US after leaving.

No, the application must be submitted by the applicant in the United States.

It is recommended to apply 3-6 months in advance.

Generally, the validity period is two years. If it has been applied for two or more times or the time spent outside the US exceeds four years, the validity period is generally one year.

It takes around 20 working days. If the immigration office exempts fingerprints, a notice of exemption will be received.

It takes around 20 working days. If the immigration office exempts fingerprints, a notice of exemption will be received.

 No, the Re-entry Permit is for Green Card holders. A5 card holders can apply for Advance Parole.

If the Green Card has not expired, you can generally enter the US directly. In special cases, an SB1 visa or an I-131A application may be required. Please consult with an attorney for specific situations.

It is recommended to contact us 3-6 months before the planned travel.

Generally, you can leave the US after being fingerprinted. However, those with unclear fingerprints may need to be fingerprinted again. Please allow sufficient time.

No, you must enter the United States and apply for an extension.

Each person should submit a complete set of application materials, which can be mailed together.

Extend Nonimmigrant Status

Our legal service center often assists clients who need to extend their stay in the United States. One common form used for this purpose is the I-539 Application to Extend/Change Nonimmigrant Status.

Nonimmigrant status refers to temporary stay in the United States, such as for tourism, business trip, medical treatment. If an individual needs to stay longer than the expiration date on their current nonimmigrant status, they must file an I-539 to request an extension.

You need submit below documents for I-539 Extension:

  • I-539
  • I-94
  • Copy of your passport
  • Copy of your valid Visa
  • Financial document
  • A written statement explaining in detail why you are deferring and your plans for departure.

USCIS will issue a receipt notice with a case number upon they receive your application, which can be used to track the status of the application online. USCIS may also request additional evidence or information to support the extension request.

The processing time for an I-539 extension is about several months, and the applicant must maintain their current status until a decision is made. If the extension is approved, the applicant will receive a new I-94 arrival/departure record with the updated expiration date.

It is important to note that filing an I-539 extension does not guarantee approval, and if the extension is denied, the applicant may be required to leave the United States immediately. Additionally, if an individual overstays their authorized period of stay, they may be barred from returning to the United States in the future.

The process for filing an I-539 extension can be complex and time-consuming. Consulting with an experienced immigration attorney can help ensure that the application is properly prepared and filed, increasing the chances of a favorable outcome.