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Reentry Permit vs. Returning Resident Visa: What’s the Difference?

  • By: Immigration Attorney Osas Iyamu
  • Published: October 25, 2024

If you are a U.S. green card holder planning to spend an extended time outside the United States, it’s important to know your options for protecting your residency status. Two key options are a reentry permit and a returning resident visa. This blog will explain the differences between these documents, when you need each, and how to apply. Understanding these options is crucial for maintaining your residency.

What Is a Reentry Permit? (Reentry Permit vs Returning Resident Visa)

A reentry permit is a travel document issued by the United States Citizenship and Immigration Services (USCIS). It is often considered one of the key green card reentry options. It allows permanent residents to leave the United States for up to two years without jeopardizing their green card status. A reentry permit is useful for green card holders who need to be outside the U.S. for extended periods. This could be due to work, family commitments, or other reasons

  • Validity: A reentry permit is generally valid for up to two years from the date of issuance. It allows green card holders to reenter the United States without needing a special visa. This applies even if they have been away for an extended period.
  • Application Process: To apply for a reentry permit, you must file Form I-131, Application for Travel Document, while physically present in the United States. The application process includes submitting the form, the required fee, and attending a biometrics appointment for fingerprinting.
  • When to Use: You should use a reentry permit if you plan to be outside the United States for over six months but less than two years. Having a reentry permit shows USCIS that you intend to return to the US and maintain your residency.

What Is a Returning Resident Visa?

A returning resident visa (SB-1) is for green card holders outside the United States for over one year. This applies if they do not have a valid reentry permit or if their reentry permit has expired. The SB-1 visa is used to regain permanent resident status after an extended absence. Without it, you may have otherwise lost your green card.

  • Eligibility: To qualify for a returning resident visa, you must prove that your extended stay outside the United States was due to circumstances beyond your control, such as a medical emergency or other unforeseen events. You must also demonstrate that you intended to return to the United States and did not abandon your residency.
  • Application Process: To apply for an SB-1 visa, you must schedule an appointment at the nearest US embassy or consulate. You must complete Form DS-117, Application to Determine Returning Resident Status, provide supporting evidence, and attend an interview. The consular officer will assess whether you meet the requirements for a returning resident visa.
  • When to Use: You should apply for a returning resident visa if you have been outside the United States for more than one year without a reentry permit or if your reentry permit has expired and you wish to return to resume your permanent residency.

Key Differences Between Reentry Permits and Returning Resident Visas 

FeatureReentry PermitReturning Resident Visa (SB-1)
PurposeTo maintain residency during extended travelTo regain residency after an extended absence
ValidityUp to 2 yearsNot applicable (one-time use)
Application LocationMust be filed while in the USFiled at a US embassy or consulate
When to UsePlanned absence of 6 months to 2 yearsAbsence of more than 1 year without a permit
Approval RequirementsNo specific reason neededMust prove circumstances beyond control

Which Option Is Right for You?

  • Reentry Permit: If you know in advance that you will need to be outside the United States for an extended period—for example, for work, study, or family reasons—a reentry permit is the right option. It provides peace of mind, knowing you can leave the country for up to two years without risking your green card status.
  • Returning Resident Visa: If you have been outside the United States for more than one year without a reentry permit or if unforeseen circumstances prevent you from returning as planned, you will need to apply for a returning resident visa to regain your permanent resident status. This option is typically more complex and requires proving that your extended stay was beyond your control.

How to Prepare for Extended Travel as a Green Card Holder

If you are a green card holder planning extended travel, taking proactive steps can help protect your residency status:

  1. Apply for a Reentry Permit Early: File Form I-131 well in advance of your planned departure to ensure that you have your reentry permit before your expected return date to the United States.
  2. Keep Records: Maintain records that show your intent to return to the United States, such as property ownership, employment, and family ties. These records can be helpful if you need to prove your intent to maintain residency.
  3. Consult an Immigration Professional: If you are unsure which option is right for your situation or need help navigating the application process, consult an immigration attorney for personalized guidance.

Protecting Your Green Card: Reentry Permits vs. Returning Resident Visas – What You Need to Know

Understanding the difference between a reentry permit and a returning resident visa is crucial for green card holders who travel abroad for long periods. A reentry permit helps you maintain your residency during planned absences. On the other hand, a returning resident visa allows you to regain your status after an unplanned, extended stay outside the United States. By planning ahead and knowing your options, you can protect your green card and residency status.

Are you planning extended travel and wondering whether you need a re-entry permit or a returning resident visa? Contact the Law Offices of Osas Iyamu, LLC today. We offer expert immigration guidance to help protect your residency status and navigate the application process successfully!

Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a qualified immigration attorney regarding your specific situation.

Osas Iyamu

Distance Is No Barrier, Call Us Now!
(800) 974-6480
(352) 237-2403