Q: Spouse got perm. res. 7/17. Will leave in 2 wks for a 6+ months job abroad. Enough time to file 1131? Other options?
Applied to adjust status 5/2016 as spouse of U.S. citizen. Approved 7/2017. Been abroad 2 months doing a job, coming back for 1 week, then leaving again for next job in Bahamas. Will last 6+ months. He may continue working abroad or maybe not. We don't want to lose his papers, if we can avoid it. But, we would like to know our other options. Thanks!!!
A:
He can apply for a Re-Entry Permit.
If you are a U.S. lawful permanent resident (green card holder), and you need to spend a year or more outside the United States, you would be wise to get a travel document called a "reentry permit" for your return.
Although you are certainly allowed to travel, and a green card (plus your own passport) is normally all you need for entry upon returning (and you'll still need to carry those), the situation changes a bit if you spend a long time outside the United States. The immigration authorities will wonder whether you meant to abandon your U.S. residence. In fact, after one year, your green card alone becomes invalid for U.S. entry. A reentry permit helps prove that you did not mean to give up your green card.
A reentry permit is also useful for another purpose: when you cannot, or do not wish to, get a passport from your home country. The permit (which looks very much like a passport) can be used in its place.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
