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Primary Contact

316 Mile Long Building

Amorsolo Street

Legaspi Village

Makati City

1200 Philippines

Telephone: (632) 8941441

TeleFax: (632) 8124296

e-mail: gtalaw@gtalawphil.com

 

Office Hours

9:30AM to 5:30PM PH Time

Monday - Friday

 

www.gtalawphil.com

 

 
     
     
 

US Immigration Articles

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My Green Card has been approved. How long will it be valid? What do i have to do to renew it?

 

Permanent Residency cards are currently issued for 10 years, unless it's based on conditional residence (marriages which do not exist for two years prior to approval). Currently, renewals are made in person at the local BCIS office; this policy is based upon new BCIS reorganization.

 

What happens to my green card if I go abroad for an extended period?

 

  1. If you will be out of the country for less than 180 days then you should have no problem with re-entry and your Green Card alone should get you across the border.

  2. If you will be out of the country for more than 180 days but less than a year, you can use your Green Card to enter without a re entry permit, however, always use caution when embarking on such extended stays as your intent may be questioned upon re-entry (a permit is a good idea).

  3. If you will be out of the country for more than one year and you do not obtain advance permission -- such as a re entry permit - you will be construed as having abandoned your permanent residence.

If you obtain a re-entry permit, make sure you return before expiration of the period of validity to avoid suspicion. Remember, there is no absolute guarantee that even a re entry permit will preserve your residency as it is only considered an "application" for admission. In the worst case scenario, your re entry can be denied and you can be ordered excluded.

 

What is a re-entry permit?

 

Lawful permanent residents or conditional permanent residents who wish to remain outside the United States for more than one year, but less than two, require a re-entry permit. A re-entry permit is not required for a trip that is shorter than one year. (You should note that an absence of more than one year will break the period of continuous residence required to become a citizen, even if a re-entry permit is issued.) A Re-entry Permit is also issued to Lawful Permanent Residents who want to travel outside the United States, but cannot get a national passport from their country of nationality.

Why do i need a re-entry permit?

 

Re-entry permit enables a permanent resident of the U.S. come back to the U.S. after traveling abroad for longer than one year but shorter than two years. Usually, a green card enables the green card holder to travel outside the U.S. for one year or shorter period. If a permanent resident travels abroad for a period longer than one year, the person faces a risk of not allowing to come back to the U.S. on the ground that the person abandoned his or her permanent resident status. A Re-entry Permit can be used to stay out of US up to 2 years. It also serves as a passport to home country to a permanent resident of the U.S. if he/she has no passport.

Aliens in the United States are not eligible for a re-entry permit if they are not permanent residents or conditional permanent residents of the U.S.

A Re-entry permit, just like US green card, does not guarantee admission into the United States. Aliens who have obtained a Re-entry Permit are still subject to the BCIS inspection process at the port of entry. Usually, the aliens with re-entry permit may be allowed to enter into the U.S. as long as re-entry permit is valid.

What is the validity of a re-entry permit?

 

A re-entry permit is generally valid for two years. However, if the permanent resident of the U.S. has been abroad for accumulative four years in the past five years, the BCIS may at its discretion only approve a re-entry permit with one year valid duration. Within its valid duration, the permanent resident of the U.S. may make multiple entries into the U.S. by using a re-entry permit.
 

What is a special immigrant visa?


Those permanent residents who remain outside the United States for more than two years must obtain a "special immigrant" visa at a U.S. consulate abroad, in order to re-enter the United States.
 

I have already been issued a re-entry permit. Does this guarantee my   re-entry to the United States?


Please note that neither the Re-entry Permit, nor the green card (for trips taking less than one year), nor the "special immigrant" visa, will guarantee that a permanent resident will be readmitted in the United States. The BCIS officer always has the right to refuse entry to any permanent resident if he or she deems that the individual has either abandoned the intent to remain permanently in the United States, or has committed a crime, or falls within one of the grounds for exclusion under U.S. immigration law.

A permit to reenter has no effect under the immigration laws except to show that the person to whom issued is returning from a temporary visit abroad and relieve him or her of the necessity of securing a visa from an American Consulate before returning to the United States. It does not relieve him or her from meeting the other requirements of the immigration laws. Persons who have been convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude either before or after entering the United States, other criminal, immoral, insane, mentally or physically defective aliens, those afflicted with loathsome or contagious diseases, and others found to be inadmissible under the immigration laws are subject to exclusion if attempting to reenter, notwithstanding they may be in possession of permits to re-enter.

 

 

 
 

 

 

 

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Guzman Taņedo & Acain Law Offices
316 Mile Long Building, Amorsolo Street, Makati City, Philippines - Telephone: 894.14.41; Telefax: 812.42.96

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