Do My Employees Need a Reentry Permit?

Gaining U.S. lawful permanent resident status for employees can be a long and arduous process. Once the employee has his Permanent Resident Card (green card) in hand, holding on to it can be a challenge too if he spends a great deal of time outside of the U.S. for work. Permanent resident status may be lost if status is deemed abandoned. Frequent trips abroad for long periods of time may result in the loss of status. Moreover, absences from the U.S. for one year or more can break the continuity of the required continuous residence in the U.S. for naturalization purposes.

If a U.S. permanent resident employee will be working outside of the U.S. for more than one year, then he should apply for a reentry permit from the U.S. Citizenship and Immigration Services (USCIS) before departure. A reentry permit allows the permanent resident to reenter the U.S. using his green card and is evidence of his/her intent to return to his residence in the U.S. Without a reentry permit, the employee may need a visa to reenter the U.S. and his green card could be taken away if he is considered to have abandoned his permanent resident status. The employee must be in the U.S. when the application for the reentry permit is filed with the USCIS, but may depart the U.S. before a decision is made on the application.

If the employee is unable to apply for a reentry permit and will be outside of the U.S. for more than one year, then there are steps than he can take to protect his status. If the resident’s absence abroad was temporary, then residency will not be considered abandoned. Temporary is not defined by elapsed time alone. The following are taken into consideration when determining whether an absence is temporary: purpose of departure, existence of fixed termination date for visit abroad, and objective intention to return to the U.S. as a place of permanent employment or home.

In addition, if the employee intends to become a naturalized U.S. citizen in the future, then he should also review his eligibility to file an application to preserve residence in the U.S. for naturalization purposes. Discussions with Counsel is recommended prior to extended periods being referred to outside the U.S.

Return to GT Immigration Observer Table of Contents