In 2023, the vast majority of applicants who successfully obtain a U.S. green card will enter a new life in the United States after successfully completing the interview. However, a very small number of green card holders may need to stay outside the U.S. for an extended period of time for a variety of reasons, and this is where the issue of retaining green card status comes into play.
The U.S. does not specify the minimum time that immigrants must reside in the U.S., but immigration regulations clearly stipulate that if a green card holder stays outside the U.S. for more than 180 consecutive days, even if he or she does not voluntarily give up his or her green card, the USCIS has the right to question whether he or she still regards the U.S. as a place of permanent residence.
This can be divided into three types:
The green card holder has been absent from the U.S. for no more than 6 months and has no problem with the status of the green card;
If you have been away for more than 6 months but less than 1 year, the United States** may suspect that you have given up your green card and you will need to provide evidence that you have not given up;
After more than 1 year, it is likely that the U.S.** will confirm that the green card holder "no longer wants to settle in the U.S.", resulting in the cancellation of the green card.
Unless you have a re-entry permit before you leave the country.
In addition, other countries have similar regulations, which need to be paid attention to. But one thing to note is this: don't try to challenge these rules.
1.What is a Re-entry Permit?
After successfully obtaining a U.S. green card, someone may need to leave the U.S. for a long time. If you live abroad for more than 6 months and then return to the U.S., you will usually be challenged by USCIS**. It's a good idea to get a reentry permit before you leave the U.S., as it can be used to prove that you have no intention of giving up your green card.
Re-entry permit, commonly known as ***, is a permit for USCIS to allow lawful permanent residents or conditional permanent residents to stay abroad for a certain period of time.
Similar in appearance to a U.S. passport, the Re-entry Permit is a booklet with tamper-evident pages, personal information and several stamped pages.
2.Re-entry Permit Application Process
step 1 |Fill out the Form I-131** (you can do it online**) and send it to USCIS by letter along with the application information. Required Documents:
A copy of the document (such as driver's license, EAD work card, passport identification page, green card) with **
Copies of the front and back of the green card.
If you have just received permanent resident status but have not received a green card, you can submit a copy of the identification page of your passport and other documents from your immigrant visa that can prove your permanent resident status.
A copy of the USCIS petition for a new green card, i.e., a copy of the I-797.
A current re-entry permit (if you already have one).
Other. step 2 |Appointment for Fingerprint Printing After sending the I-131**, USCIS will send a fingerprint appointment letter in about three weeks, and the applicant must go to the designated location for fingerprint printing at the specified time.
step 3 |Waiting for a re-entry permit The next step is to wait for the re-entry permit to be collected, which takes about 3-5 months.
Note: After the application and printing steps are completed, the applicant can leave the country, and the re-entry permit can be sent to the U.S. consulate or immigration office abroad to collect it.
3.The validity period of the re-entry permit
The Reentry Permit is valid for 2 years and must return to the U.S. within 2 years from the date of issue. During this period, there is no limit to the number of times you can use it, and you can go back and forth freely. For those who need to leave the country for a long time, this provides a convenient door to return home.
Implications for U.S. citizenship applicants:
Must have lived in the U.S. for at least five years and at least half of that time (30 months) in the U.S. prior to filing a petition for U.S. citizenship. If you are married to a U.S. citizen and obtain permanent resident status, you only need to have lived in the U.S. for at least half of the past three years (18 months). Continuous residence is defined as absence from the U.S. for no more than 6 months at a time. If more than 6 months have passed, the continuity will be interrupted and the length of residence will need to be recalculated. If you return to the U.S. after staying abroad for more than half a year with a re-entry permit, the citizen's continuous residence period will also need to be recalculated.
4.A re-entry permit is not 100% valid
In fact, a re-entry permit does not guarantee a smooth return to the U.S. for green card holders, and they still need to pass a check when they arrive in the U.S. Even if you have a reentry permit, if you are unable to provide proof of relevance to the United States, you have the right to refuse entry and cancel your permanent residency in the United States. However, it is important to note that a re-entry permit is still one of the required documents for permanent overseas residents. Therefore, if a green card holder needs to leave the United States for a long time, in addition to applying for a re-entry permit, he or she should also prepare various documents to prove that he has not given up his intention to reside, such as a bank account, a valid driver's license, proof of employment in the United States, real estate, tax returns, children studying in the United States or spouse working in the United States, etc.
5.A common route to a U.S. green card
EB-5 Immigrant Investor The most common program for Chinese billionaires to immigrate to the United States began in 1990. In previous years, it was snubbed because of the backlog issue, but in 2022, Biden passed the new EB-5 bill, which opened up a backlog-free application channel and quota for EB-5, making it attract attention again. The new policy calls for an investment of US$800,000 and 3,200 places with no backlog, but investments in TEA areas, including rural projects (2,000 visas), urban high-unemployment areas (1,000 visas) and national infrastructure projects (200 visas).