Our office serves many first-time and returning reentry permit applicants and one of the most frequently asked questions or concerns related to the ability to extend a reentry permit after its initial term (of often two years) and about the validity of subsequent renewal reentry permit documents. The good news is that there is no limit on how many times a reentry permit can be renewed but there are rules and restrictions on the validity of reentry permit renewal documents.
Unlimited Reentry Permit Renewals Are Permitted
There is no restriction on how many times a reentry permit can be renewed. In theory, and subject to renewal term limits and renewal frequencies described below, a green card holder can apply for and obtain an unlimited number of reentry permits, thus extending their stay abroad for a number of years while preserving their green card status.
Even though a green card holder is eligible to apply for a renewal reentry permit for a number of times, each individual application is reviewed separately, on its own merits, and a prior reentry permit approval does not guarantee subsequent reentry permit renewal approvals. However, as long as the application requirements are met and the application is properly prepared and filed and as long as the applicant submits to the required biometrics, chances of approval of a reentry permit application are good.
Reentry Permit Validity – 1-Year vs. 2-Year Terms
While the reentry permit may be renewed for a number of times, without limit, there are certain limits on the terms of renewal reentry permits. For most reentry permit holders, their first, second and perhaps even third reentry permits will be valid for two years. However, subsequent reentry permits may be valid for one year only. The government has put in place regulations which restrict the validity of a reentry permit depending on how much time the applicant green card holder has spent outside of the US. The effect of these regulations are to make it harder (and more expensive) for green card holders to remain outside of the US for more than a few years.
Here are the rules. If a green card holder has spent more than four years total outside of the US since becoming a green card holder (or during the last five years, whichever is less), then the reentry permit will be issued with 1-year validity term. Otherwise, for folks who have spent outside of the US less than four years, the reentry permit validity term will be the default of two years.
There are some very limited exceptions. If the green card holder is employed by public international organization of which the U.S. is a member or is a professional athlete, then the reentry permit may be issued for two (2) years despite extended periods of absence from the US.
As a result of this rule, and with a little bit of proper application planning, many green card holders are able to get their first two to three reentry permits with a 2-year validity. Green card holders who wish to reside outside of the US for a number of years can still do so and retain their green cards, but they will need to renew their reentry permits every year, after the first four, and each reentry permit renewal becomes an annual filing expense plus a required trip to the U.S. (or Guam, for some) for biometrics.
Conclusion
Contrary to some Internet myths and stories, there are no limits on how many times a reentry permit can be renewed. However, there are validity term restrictions on reentry permits after spending four years or more abroad so proper planning for renewals is essential. For green card holders who do not mind the cost and the inconvenience to apply and travel to the US for biometrics every year, it may be possible to remain abroad for a substantial period of time and still keep one’s green card status.
Our office has developed expertise in handling reentry permit in a variety of situations, including multiple renewals, and we will be happy to analyze a particular situation and provide options. Please give us some details for a free attorney reentry permit case review and options or feel free to contact us with any other questions or concerns.