Re-entry Permit Issues

Hi, I need your help for a re-entry permit once I’m back in the US. I left in May 2008 on advance parole and got my green card approved in August 2008. I’m still outside of the US and the green card was brought to me by a friend. I need to go to the US to file for re-entry permit as I need to travel outside the US to be with my Mom. Does it matter how quickly I get back to the US after the I-485 is approved and considering that I have been out of the US for almost 6 month now, but only 2 months with the green card? Do I need to get back ASAP to file for a re-entry permit, or within 6 months from I-485 approval is ok? Also how should I document my reasons of absence for re-entry permit? Thank you in advance.
— polya

Generally, it is important to obtain a re-entry permit because it demonstrates to the Customs and Border Patrol (CBP) officer at the border that you are returning from a long, but temporary, trip abroad. It also helps to protect you from allegations that you abandoned your lawful permanent resident status because of the lengthy duration of the trip. Further, if you have a re-entry permit, you do not have to obtain a returning lawful permanent resident visa from an American Consulate abroad. Since it appears that you plan to remain outside of the United States for six months or longer in the future and because of your current extended stay abroad, you should probably return to the United States and file for a re-entry permit as soon as possible. As you know, you must be in the United States to file Form I-131, Application for Travel Document, for a re-entry permit. The Form asks questions, among others, relating to your absences from the United States and your reasons for needing a re-entry permit and the United States Citizenship and Immigration Service (USCIS) will consider your answers when deciding whether to issue the re-entry permit. Depending on the length of your previous trips and your reasons for needing the permit, you may be required to provide evidence that you intend to return to the United States to reside permanently and that the trip abroad is merely for a temporary, yet long, period. Documentation may, but is certainly not limited to, proof of ownership of a home or business in the United States. As a side note, the Department of Homeland Security (DHS) recently implemented the requirement that all re-entry permit applicants attend a Biometrics (fingerprint) appointment. Though there are limited exceptions, you will have to be in the United States for this Biometrics appointment. Thus, you must keep this requirement in mind when arranging your travel plans. Also, if you are planning on applying for citizenship in the future, keep in mind that you will have to provide USCIS with a list of all of your trips since become a permanent resident. If any single trip exceeds one year or if you are abroad 30 out of 60 months, it will delay your ability to file for citizenship under the laws regulating Naturalization. As you can see, there are many issues that need to be considered before you travel abroad and/or apply for a re-entry permit. If you have further questions, you should consult with an experienced immigration attorney who can explain these issues in more detail.

Michael Shane and Evan Shane, Immigration Attorneys

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K F ★★★★★ a week ago
We came into the Shane& Shane family via Mr Brauwerman a former Immigration Judge prior to his retirement. We knew we … More were in great hands with this merger.
Veronica and Evan were our counsels for the Citizenship process for my spouse and I. Going in, I knew mine would have required additional work. As such, it was not a surprise when I received a decision cannot be made at the interview, while my spouse secured the citizenship at first interview.
Veronica was amazing on the first interview, she prepped me well and took copious notes. With this team, when they tell you to trust the process, believe them and just leave it in their capable hands to follow the protocol. Evan followed up and successfully secured a second interview after a long silence.
Evan prepped me equally and rigorously well for the second interview. He was even more intimidating than the real interview. As a result I am now a Citizen.
This team, Myrna, Veronica and Evan is truly a team. They are responsive, professional, authentic and transparent. They are a true immigration firm and we could not have asked for better representation. Reach out to them for a consultation, I guarantee you will retain them for representation.
Thank you guys!
Ademir Pavao ★★★★★ a year ago
Ademir Pavao
Myself and my son, Ademir Pavao Filho, are so happy here in USA, My son now is in Fort Bragg, Army in North … More Caroline, everything was perfect with us, an I become a permanent resident applying to become a citizenship next year, my special thank to Evan Shane and Maria, that solved all problems we had. I highly recommend this important and necessary services provided by Shane, Shane, and Brauwerman. Evan and Maria worked on our cases and we were impressed by how knowledgeable, organized, and reliable they were.
Ricardo Bendito ★★★★★ 3 months ago
This is by far the best law office!
For years I have dealt with countless law offices and have retained two different attorneys … More before coming to Shane & Shane. my case was very complex, battling mistaken identity while applying for I-601A waiver, and green card application. Evan and Veronica are ultimately the best attorneys I have ever dealt with. They analyzed and came up with a detailed plan pertaining to my case. They lead with full transparency the whole step of the way. I was impressed with the compassion and attention I was given. Thank you again to the whole staff for responding quickly and professionally every time I needed updates. I highly recommend retaining this Law Firm!