Skip to main content

DO I NEED A RE-ENTRY PERMIT?

Irvine, CA |

1. DO I NEED A RE-ENTRY PERMIT IF I TRAVEL FOR 10 MONTHS A YEAR OUTSIDE OF THE US (5 MONTHS AT A STRETCH WITH ONE MONTH BACK IN THE COUNTRY).
2. I DO NOT HAVE FAMILY IN THE COUNTRY, NEITHER OWN OR RENT A PLACE HERE IN THE US (BECAUSE I TRAVEL A LOT). I HAVE TO DO THIS "IN AND OUT" TRAVELS FOR 2 YEARS.
3. AM I SAFE IN MAINTAINING THE GC IF I DO THIS OR DO I NEED A RE-ENTRY PERMIT.
4. WHAT OPTION WOULD BE GOOD FOR APPLYING FOR CITIZENSHIP EVENTUALLY?

Attorney Answers 5


  1. 1. I think it is safe to get it.
    2. OK
    3. see answer 1
    4. You would have ot qualify for citizenship by residing in the USA for half the time in the past 5 years before applying or 3 years if LPR based on marriage


  2. 1. You definitely need a RP. Any trips of 6 months or more "break" the continuity of your residence/
    2. Makes no difference at this juncture. Refer to my answer 1. above.
    3. Refer to my answer 1. above.
    4. To qualify for citizenship, you will have to prove to have resided in the US for at least half the time (cumulatively speaking) of the the last 5 years before applying or only 3 years if you obtained your green card based on a marriage to a USC and are still married and living with that same USC.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Not enough information. At issue is why are you living in the U.S. for just two months a year. To become a US citizen you need to live in the U.S. for most of a 5 year period. If you have no reason to be in the U.S., no family, no business, no property, perhaps you should consider abandoning your status and just applying for a tourist visa when you want to visit.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  4. 1. Yes ... and, be prepared for potential problems at the airport upon return and total loss of any time you accumulated toward US citizenship

    2. That is not a question. But it is a statement of VERY THIN residence in the US.

    3. Not enough information ... other than that things don't look all that 'solid' for your greencard.

    4. Stop traveling and make the US your 'real' home ... plus, consult with an attorney before embarking on all these trips.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  5. I agree with my colleagues. Leaving the country for 10 months could pose a serious problem when applying for citizenship. It is best to consult an immigration attorney to assist you.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics