BY KATE KALMYKOV AND CORY RICHARDS
We often work with EB-5 investors that come to the U.S. but still have to travel and spend extensive time abroad because of business commitments. In these cases, they may jeopardize their ability to maintain their Conditional or lawful permanent resident status unless they obtain a Reentry Permit.
A Reentry Permit is a document issued by USCIS for both Lawful Permanent Residents (“LPR”) and Conditional Residents (“CR”) who intend travel outside of the U.S. for a period of over six months in any given year.
A LPR (or CR) should apply for their Reentry Permit 60 days before leaving the U.S. However, if you leave the U.S. after both filing and biometrics (i.e. fingerprinting), but before approval from USCIS, then you can send your Reentry Permit to an U.S. Embassy, consulate or DHS office overseas and pick it up there.
Generally, a Reentry Permit is valid for two years from the date of issuance. If you are a CR, then the permit is valid for two years or until the date you must file to remove your conditions, whichever comes first. Once the Reentry Permit expires, you may return to the United States and file for a new Reentry Permit. It is important to remember, while you may obtain subsequent Reentry Permits applicants will need to show their ties to the U.S. and their intention to not abandon their residence permanently in order to qualify for the Reentry Permit.
The procedure for both LPRs and CRs to obtain a Reentry Permit is simple: The one and only step is to file a Form I-131 Application for Travel Document. In addition to the application itself, the following must be included:
- Copy of an Official Photo Identification Document
- Examples: Passport; I-551 Permanent Resident Card; or Valid Government Issued Drivers License.
- Copy (front and back) of your I-551 Permanent Resident Card
- If you have not yet received your I-551, then a copy of your Passport + copy of your visa showing your initial admission as a permanent resident
- Two photos
- 2 x 2 inches (51 x 51 mm)
- In color
- On photo quality paper
- Filing Fee
- Evidence of intention to maintain U.S. Residency including:
- Copies of mortgage or lease for U.S. residence
- Evidence of property ownership
- Bank statements
- Utility bills
- Evidence of family members remaining in the U.S.