sherbert

So, the wheels are in motion and after many years of moaning about living here, I'm finally getting out of dodge for a bit - pandemic permitting of course. My OH has been transferred to another office for a period of 1.5 - 2 years and we want to maintain our green cards (yes, I know we have to file taxes and maintain bank accounts etc and I know we can only maintain them for up to two years). The company is applying for re-entry permits for us.

What happens when we need to visit the US while living overseas for vacation or to visit the US offices etc - do we need to apply for ESTAs? Or do we enter with the green cards + re-entry permit even though we are just re-entering temporarily?

petitefrancaise

green cards+re-entry permits. Easy peasy.
And if your green cards get stolen because you are dumb enough to carry them as your only source of ID and you leave them in your wallet on a bench in a changing room, then you can get back in just with your re-entry permit. As my DS found out.

If you are thinking about applying for citizenship down the line, then make sure you come back to the USA every 180 days - if you go over this, then your citizenship gets pushed back.

civilservant

This. Although I am not sure that the reentry permit is good for multiple entries. Perhaps someone can clarify.

scrubbedexpat099

You will not be visiting, a re entry permit is to show you will be maintaining the US as your permanent residence. Hopefully the Lawyer handling the situation is familiar with the issues surrounding maintaining residence, has tried a few cases.

petitefrancaise

It's valid for 2 years and you can come and go as often as you please.
The re-entry permit is nothing more than you telling USCIS that you plan to be out of the country for an extended period of time and why.
And yeah - you tell CBP that you are coming home when you return.

When my son used his ( multiple times over 2 years) , he just rocked up to the officer, handed over the GC and the re-entry permit, smiled sweetly and said nothing. I think every time, the officer just checked things out without saying anything, handed back the docs and said "Welcome Home".

sherbert

Thank you petitefrancaise , very helpful. I am not considering citizenship really but it's good to know about the 180 day rule (and, pandemic permitting, shouldn't be too hard to do). I though that being out of the country for an extended period would reset the presence timeframe.

tht

You might also want to consider which state to maintain your residence in while abroad temporarily. I had to commute to London for couple of years on my GC. I stayed in NYC Because I had brought an apt and the parent company was there and I worked 1 week a month at that office in addition to the weekends at home. While the UK tax paid on that portion of my salary covered my federal taxes owed, they did not cover my city or state, so I had to pay that out of pocket and now have a large credit on the Federal side that will expire at 10 years if I can’t use it. Some states don’t have an income tax so if you moved before you left you may save some $.

S Folinsky

FWIW, by case law, one way of maintaining LPR status while employed abroad is by what I call a “reverse L-1” working for an international employer.

The I-551 card is a valid re-entry permit for return within one year of departure.

A book reentry permit is good for two years. That said, after a second successive reentry permit, they will be valid for only one year.

S Folinsky

You are not wrong, but not quite right either. An absence of 180 days or over is a “presumed” to break continuity of residence, while an absence of a year conclusively breaks continuity.

Continuity aside, there is also the 50% presence test. Let’s say an LPR works in Canada Monday through Friday and returns home in the US every weekend. No break in continuity but will fail physical presence.

sherbert

Another question (the lawyer's answer was not very helpful). We have to apply for the reentry permit before we leave and will do so 2 months before target leave date. What date is put on the re entry permit? The date that it is *received* by USCIS or our actual *exit date*. Exit date is currently a little wavy because of the situation and flight/travel instability.

Also, if X date is on it, and we end up not being able to leave by X date, what happens? Is the expiry date shifted to two years after we leave or does it still remain as two years after it was issued?

petitefrancaise

2 years from date of issue.

As Folinsky said, you can also apply for another one which would be limited to one year.

However, you can still enter with just your GC once the re-entry permit has expired.

I think what Folinsky is saying is this:
absence of up to 1 year - ok with just GC
absence of up to 2 years - ok with re-entry permit ( which looks rather like a passport)
if you go over the 2 years then you can apply for a second re-entry permit or you could use your GC.

S Folinsky

My posts in this forum are deliberately meant to generalized in nature.

A general point may help you figure out the answers to the questions you pose. When I was in practice, many permanent residents would refer to the book reentry permit as the “White Passport.” (Of course, they are no longer white). This name reflects the essential nature of the book as a passport-like travel document. There are many people who cannot obtain a passport from their original country or such passport restricts travel due to lack of recognition by other countries.

The reentry permit is NOT permission to remain outside the US for over a year. That said, it is a valid document to come back and apply for admission as a returning permanent resident even if outside over a year. This may be the reason to obtain the book, but it does NOT change the essential nature as passport like.