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Re entry permit for acquiring residency in another country.

Succasunna, NJ |

I am a LPR and I am getting a long term residency in Japan just so I could be with my husband while were waiting for his US immigrant visa to be ready (were both non-Japanese). I already filed for a re entry permit, Im also done with the biometrics so Im just waiting for the release of the permit which takes a couple of months to process. I know that your US residency will be considered abandoned if you acquire residency in another country thats why I applied for re entry to prevent that. Should I have the re entry permit on hand before coming back to the US after acquiring residency in Jp? What if Im only staying in Jp as a long term resident for 5 days, should I still need the re entry on hand?

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Attorney answers 4

Posted

BE CAREFUL. Yes, obtaining permanent residence in Japan goes 'against' you having LPR status in the US.

A re-entry permit will not 'save' you if you apply for permanent residence in Japan.

This does not look like a good idea.

Talk to an immigration lawyer before leaving the US.

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.

Asker

Posted

Even if it says here: http://www.uscis.gov/USCIS/Resources/B5en.pdf?

Asker

Posted

Its a long term resident visa with 1 year validity in Japan. I am not plaaning to stay there for the entire duration, I want to go back to the US as soon as I get my re entry.

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, unfortunately that 5 year old CIS flyer is a bit misleading. ... CBP, CIS and the Immigration Judge look at a variety of factors when determining whether or not someone has abandoned their residence ... especially if one leaves the US quickly after obtaining LPR status. Granted, a Re-Entry Permit is strong evidence that one doesn't want to lose their LPR status. If all you will have in Japan is a 1 year permit .. you would be best not to refer to it as a 'long term residence' permit ... even if that's what it translates in English from Japanese. It is best to characterize it as a temporary permit to stay in Japan ... this will avoid any confusion that a CBP officer may have. I don't quite understand what you mean about going back to the US as soon as you get the re-entry. You need to be in the US to apply for this permit. Thus, my suggestion that you talk to an immigration attorney and not rely on information you gain from the Internet remains my recommendation. Good luck to you.

Asker

Posted

I already applied for re-entry, finished with biometrics too. I need the permit with me upon entry to the US again since they might consider it abandonment of residency. Thank you.

F. J. Capriotti III

F. J. Capriotti III

Posted

Good luck

Posted

A re-entry permit is designed for LPRs who need to b outside the United States for more than a year. It is effectively prima facie evidence that said individual did not intend to abandon his or her status. It does not provide any protection for individuals found to have abandoned their status by acquiring permanent residence in another country. You would be best advised to schedule a consultation with an experienced immigration attorney prior to applying for permanent residence in Japan.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

Asker

Posted

Would definitely do that, thank you.

Posted

You really need to sit down with an attorney before you do anything.

VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com

Asker

Posted

Thank you, I really need an advice right now.

Steven Sahag Vosbikian

Steven Sahag Vosbikian

Posted

Schedule an appointment with an attorney nearby.

Posted

I agree with the other answers...long term residence in another country is a bad idea.

Asker

Posted

I tried calling your office for free consultation about this. Badly need help.

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