More details to this question:
Does a PR need an I-131 if going out of the US for an extended period of time, ie: over a year. Still maintaining a home, bank accounts etc in the US.
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Immigration and Nationality Law Attorney serving New York, NY
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A permanent residence card at maximum by itself only allows an absence out of the US for less than one year. If you will be out of the US for over a year, you must apply for a reentry permit on form I-131 while you are in the United States. Maintenance of a home and bank accounts will not preserve your permanent residence where you have left the US for a year or more without a reentry permit. I note that CBP may in its discretion still allow you to enter the States after a year with a waiver, but most green card holders would rather not be put at the mercy of an immigration inspector. In addition, please note that while less than a year is the maximum period allowed outside the United States for one trip with only a green card, CBP can still question whether an individual has abandoned LPR status where he or she has stayed out of the US for six months or more. This is more of a risk where the green card holder has a discernible pattern of doing such.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 11th, 2013 at 8:28 PM
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Yes. You should apply for a re-entry permit using that form.
Answered on Jul 29th, 2013 at 1:27 AM