Asian Journal- The Filipino-American Community Newspaper

LAST week we detailed the laws governing the length of time a lawful permanent resident can spend outside of the United States without placing his or her Green Card status in jeopardy. While an absence from the United States of more than six months creates a rebuttable presumption that one intends to abandon permanent resident status, and an absence of over one year is deemed abandonment, the key idea is that a lawful permanent resident may travel abroad as long as her intentions to reside in the US remain unchanged.

Each time a lawful permanent resident tries to reenter the US, the resident is subject to an immigration inspection. If the resident who is subject to immigration inspection is determined to be inadmissible, that person may be denied admission and may be ordered removed from the USA resident who is seeking admission at a port of entry generally must have in her possession, a valid and unexpired travel document. Depending on the person’s immigration status or if the person has an application for an immigration benefit pending, several types of travel documents are required if the person wishes to return to the US after travel abroad.

Before leaving the US, residents should ascertain whether they require a travel document to reenter the country or whether their departure will in any way impact their current benefits application. There are several types of Travel Documents issued by immigration authorities which are applicable:

Generally, a person in the US who has filed an application for adjustment of status is deemed to have abandoned that adjustment of status application if she departs the US while her application is pending. The effect of an advance parole travel document is to permit travel, while preventing abandonment. An advance parole document is issued solely to authorize the person who travels to a US port of entry to seek parole into the United States to await the adjudication of the pending application.

A person’s application for an advance parole document on the basis of a pending application for adjustment of status must be approved prior to departing the US If granted, USCIS normally issues a 1-year, multiple-use advance parole document. If the resident departs prior to issuance of the advance parole document, her application for adjustment of status will be considered abandoned.

Often, lawful permanent residents may seek to travel abroad for over a year, but faithfully intend to reside permanently in the US This can occur because the resident wants to finish school abroad, is employed abroad, desires to care for an ailing relative abroad, or any other of a number of reasons. In such instances, residents should consider availing of a re-entry permit, so as to minimize the chances of Green Card abandonment. Residents may use re-entry permits to seek to re-enter the United States if they have been absent for 1 year or more. This travel document must be applied for in the US before leaving the US, and is usually granted for a validity period of 2 years.

As are all non-citizens, re-entry permit holders are still subject to inspection at the port of entry and may be denied admission if they are inadmissible. While possession of a re-entry permit travel document evidences intent to reside in the US, it does not guarantee admission into the US. The resident should also have a viable reason and supporting documentation for any departure from the U.S. for over 6 months.

Even with a valid travel document, a resident who is in the US, but has accrued at least 180 days of unlawful presence, should carefully consider whether to leave the US, as doing so may subject her to a 3 or 10 year bar to re-entry.