T
U
I
O FFICE OF F ACULTY AND S TAFF I MMIGRATION S ERVICES
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NFORMATIONAL
B
ULLETIN
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AINTAINING
L
AWFUL
P
ERMANENT
R
ESIDENT
S
TATUS
(Updated July 1, 2013)
The information contained in this Bulletin is provided by The University of Iowa Office of Immigration
Services solely for the benefit of employees of The University of Iowa. It is not intended to serve as, nor should it be construed to provide, legal advice. Neither the information contained in this bulletin nor any consultation provided by The University of Iowa Office of Immigration Services constitutes the creation of an attorney-client relationship. Any foreign national employee of The University of Iowa or other person intending to rely upon the information provided in this Bulletin is encouraged to consult a private immigration attorney prior to doing so.
Congratulations! The University of Iowa is pleased that our sponsorship of you (and your family) for Lawful Permanent Resident status in the United States has reached a successful conclusion. You now hold the I-551 Permanent Resident Card (sometimes referred to as an Alien
Registration Card, or Green Card). This Informational Bulletin is intended to provide you, as a
Lawful Permanent Resident (“LPR”, or sometimes referred to as a “Green Card Holder”), with basic information on the benefits of LPR Status, and steps necessary to maintain LPR Status.
Please be advised that our Office cannot provide legal advice to you regarding maintenance of your LPR status or naturalization to U.S. Citizenship. Further, we cannot provide information to you that would address the full range of issues / consequences that may accompany LPR status. We strongly recommend that if you have any questions regarding your status or that of your family members, that you consult a private immigration attorney. Finally, please bear in mind that The University’s role in sponsoring you for LPR status has concluded, and sole responsibility for ensuring that you comply with all applicable laws regarding maintenance of your LPR status resides with you.
1.
Benefits of LPR Status
While the benefits of LPR Status are many (you should refer to the extensive USCIS publication on this topic, which can be found at the USCIS.GOV website), it is worth highlighting three: (i) employment; (ii) international travel; and (iii) eligibility for naturalization (citizenship). a.
Employment: You will note that your I-551 Permanent Resident Card specifically states on the reverse side that “the person identified by this card is authorized to work and reside in the U.S.” The employment authorization created by your LPR Status is not employer-specific; that is, the LPR is entitled to work for any employer or to be self-employed. You will also note that your I-551 Permanent Resident Card specifically sets forth an expiration date. That expiration date triggers a duty to renew your I-551 Permanent
Resident Card (see discussion below); however, the expiration of the I-551
Permanent Resident Card does not affect the employment authorization that is incident to your LPR status. That being said, if you are deemed to have

abandoned your LPR status (see discussion below), you will lose the employment authorization that was incident to your LPR status. b.
International Travel: Your I-551 Permanent Resident Card entitles you to re-enter the U.S. from temporary stays abroad of less than one year . Thus, for short trips abroad, your I-551 Permanent Resident Card is a valid travel document for your return to the United States. It is very important to bear in mind, however, the frequent or extended absences from the U.S. may result in the USCIS taking the position that you have abandoned your intent to remain a LPR (see discussion below). i.
Absences from the United States of More than 180 Days But Less
Than One Year
It is also important to bear in mind that while your I-551 Permanent Resident
Card entitles you to re-enter the U.S. from temporary stays abroad of less than one year, an extended absence from the U.S. of less than one year may trigger an USCIS inquiry into whether you have abandoned your intent to remain a LPR. More specifically, if you seek to re-enter the U.S. after a stay abroad of more than 180 days, you will be deemed to be seeking “readmission” into the U.S.
1 As such, you will be subject to the same
“inspection” procedures at the Port of Entry that are applicable to a nonimmigrant who is seeking admission to the United States. Therefore, if you are re-entering the U.S. after a stay abroad of less than 180 days, you will simply be passed through immigration inspections; whereas, if you are re-entering the U.S. after a stay abroad of more than 180 days, you may be subject to inquiry about the nature and purpose of your stay abroad. ii.
Absences from the United States of More than One Year
If you will be departing the United States for more than one year, you must apply for a Re-Entry Permit before departing the United States.
See the extended discussion of “Re-Entry Permits” in the section regarding
Abandonment of your LPR Status. c.
Eligibility for Naturalization (Citizenship)
A thorough discussion of Naturalization is beyond the scope of this
Memorandum. At this point, the important consideration is that LRP Status renders you eligible to apply for Naturalization as a U.S. Citizen once you have satisfied both (i) the U.S. residency requirement (continuous U.S. residence for the past 5 years with no single continuous absence from the U.S. of more than 1 year) and (ii) the U.S. physical presence requirement (30 months of actual
1 Section 101(a)(13)(C)(ii) of the Immigration and Naturalization Act provides that:
An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-
* * * *
(ii) has been absent from the United States for a continuous period in excess of 180 days.

physical residence during the past 5 years) before s/he is eligible to naturalize. Also, in terms of the residency requirement, there is a presumption then if there is a physical absence of six months but less than one year, then continuity of residency (requirement no. (i)) is broken and the 5-year clock of continuous residency starts again. The presumption can be overcome based on the factors discussed below. To avoid having to deal with this possibility, one simply needs to make the periodic six month visit back to the U.S. or hold a valid
Re-Entry Permit.
2.
Maintaining your Permanent Resident Status
There are two key considerations in maintaining your LPR Status: (a) the effect of extended or repeated absences from the U.S.; and (b) the effect of failure to file U.S. income tax returns. a.
Extended or Repeated Absences from the U.S.
The question of whether an extended absence from the U.S. will be construed by the USCIS as an “abandonment” of one’s LPR status is almost solely a question of “intent”, and there is not an absolute “bright line” test. Therefore, the key point is to ensure that as many indicators as possible point towards an “intent” to remain permanently in the U.S. notwithstanding temporary employment abroad.
There are some rules of thumb. First, it is generally assumed that if the LPR returns to the U.S. at least once every six months then there is a presumption that the intent to remain permanently has been established. This rule of thumb is really nothing more than a negative inference drawn from Section
101(a)(13)(C)(ii) of the Immigration and Naturalization Action, which provides that if the LPR is out of the U.S. for more than six months then the LPR is, upon the next re-entry, “seeking admission” to the U.S. and thus could be denied readmission for abandonment of LPR status. So, it seems to follow, that if the LPR re-enters in less than six months, then the LPR does not seek “admission” but is simply returning home.
Second, it also generally assumed that if the LPR applies for and obtains a Re-
Entry permit, the LPR has demonstrated an intent to remain permanently in the
U.S. notwithstanding the length of the absence from the U.S. (see 8 CFR
223.3(d)(1) (“a permanent resident . . . . in possession of a valid re-entry permit who is otherwise admissible shall not be deemed to have abandoned status based solely on the duration of an absence or absences while the permit is valid.”).
Third, maintenance of a permanent residence in the U.S., coupled with consistent filing of tax returns in the U.S. as a U.S. resident, go a long way towards demonstrating an intent to maintain LPR status. These primary things along with maintaining U.S. bank accounts/credit cards and having a valid U.S. driver’s license, strengthen the argument. Other factors demonstrating an intent to maintain your LPR status include: (i) owning real estate (or a home) in the U.S.;
(ii) maintaining an employment relationship with a U.S. employer; and (iii) having immediate family members resident in the U.S.

If you anticipate being absent from the U.S. for more than six months, or anticipate repeated short-term absences from the U.S. you may wish to obtain a
“Re-Entry” Permit.
We strongly urge you to consult experienced immigration counsel if you anticipate lengthy or repeated absence from the U.S.
You should also consult an experienced tax expert on the implications of your absence from the U.S. With that in mind, here are some basic considerations in filing for a Re-Entry Permit:

You must be physically present in the U.S. when the application (Form I-131) is submitted (8 CFR 223.2(b)(1)). This is documented by including with the application a copy of the page from your passport showing your most recent reentry into the U.S.

You may depart from the U.S. as soon as the application is filed, without affecting the validity of the application for the Re-Entry Permit (8 CFR 223.2(d); cf. 8 CFR 223.2(f)). The approved Re-Entry Permit will be sent to the address you indicate (best to have it sent to an address in the U.S.);


The Re-Entry permit should be valid for two years (8 CFR 223.2(c)(2)(iii));
The application should be accompanied by: o Complete copy of passport; o Copy of Alien Registration Card (front and back); o A written statement as to the reason for the extended absence abroad, with a confirming letter from his employer; and o Check payable to USCIS for the filing fee.


You must provide Biometrics (fingerprints and photographs) at the USCIS
Application Support Center (Des Moines) pursuant to a scheduled appointment notice issued by the USCIS after you file your application.
Procedures for filing for Re-Entry Permits change from time to time. Therefore, it is critical to consult immigration counsel before undertaking lengthy or repeated absences from the U.S.
A thorough discussion of the multitude of issues surrounding Re-Entry
Permits can be found in the attached Appendix. b.
Complying with U.S. Tax Laws
It is imperative that you comply with U.S. Tax laws. This is a complicated subject and well beyond the scope of this Informational Bulletin. However, it must be emphasized that as a person in LPR status, you will be taxed in the U.S. on your worldwide income as a “resident alien.” For that reason, you must file
U.S. tax returns, regardless of whether you earned income in the U.S. Again, we strongly recommend that you consult experienced tax counsel regarding this complicated area if you have any questions.
3. Renewing Your Green Card
Your Permanent Resident Card (“Green Card”) should have a “validity period” of ten years.
The Green Card may be renewed at any time within six months of its expiration date (note: the
USCIS has interpreted 8 CFR 264.5(b)(2) to mean (i) that the holder of an expiring Green Card must file to renew within six months of expiration; and (ii) that the holder of an expiring Green

Card may not file to renew more than six months of expiration) . A detailed discussion of the procedure applicable to renewing your Green Card can be founded at
( http://www.uscis.gov/greencard ). Please review the information on the USCIS website carefully.
To renew your “Green Card”, you must complete a “Form I-90 Application to Replace Permanent
Residence Card” and submit that document either: (a) via paper filing to the USCIS * ; or, (b) via electronic filing (for instructions, go to http://www.uscis.gov/greencard ).
If you e-file, you will receive a written notice from the USCIS directing you to go to the Des
Moines Application Support Center (“ASC”) on a specified date to submit the information listed below. On your appointment date go to the ASC, which is located in the Federal Building at 210
Walnut Street, Room 369, and is open to the public from 8:00 a.m. to 4:00 p.m., Monday through
Thursday. To reach the ASC, travel into Des Moines on I-80 West, get onto I235 West and exit downtown on the 3 rd Avenue exit. Turn left (or south) on 3 rd Avenue and proceed until you arrive on Walnut Street. The Federal Building is the black building at the corner of Walnut and 3 rd
Avenue.
If you file via a paper filing, go to the uscis.gov website and download the Form I-190 ( note : the
USCIS has interpreted 8 CFR 264.5(e)(ii) to mean that the filing of the I-90 form must be accompanied by the actual Green Card that is expiring. Hence, if you file the I-90 by mail, you may be required to mail your Green Card with your application).
We strongly recommend that you efile your I-90; however, if you elect to file by mail, you will need the following items to submit with the Form I-90 (note: these same documents will need to be to submitted to the ASC after you have e-filed the I-90 and receive your INFO PASS appointment):

$290 filing fee, plus $80 biometrics fee: By money order or check made payable to USCIS (note: cash will not be accepted)

Two (2) color photographs (requirements are specified on the I-90 renewal application)

Photocopies of the front and back of your expiring/expired “Green Card” (note: if you are appearing at the ASC for your appointment after efiling, be sure to bring your expiring/expired
“Green Card”, that is the original Form I-551 valid for 10 years)

Government-issued identification such as a state-issued driver’s license, state-issued identification card, U.S. military-issued identification card, or passport
 If your name has changed legally from the name listed on your expiring or expired “Green card”, bring documentation of the name change, such as a marriage certificate, divorce decree or other court documentation
 If you were issued your “Green Card” before your 14 th birthday AND you are now 14 years old, you must be fingerprinted and pay the $80 biometrics fee (no separate filing fee is required).
*Mail your completed Form I-90 and appropriate fees directly to the following address:
U.S. Citizenship and Immigration Services
P.O. Box 54870
Los Angeles, CA 90054-0870
For non-U.S. Postal Service (USPS) deliveries (e.g., Federal Express, UPS or DHL):
U.S. Citizenship and Immigration Services
Attention: I-90
16420 Valley View Avenue
La Mirada, CA 90638-5821

Please be advised that the USCIS may revise the procedures applicable to renewing your Green
Card. You should carefully review the USCIS website to ensure that you are complying with
the current rules and regulations.
I:\Bulletins and Newsletters\Informational Bulletin (Maintaining LPR Status).doc

APPENDIX: Foreign Affairs Manual
52.1 General.
(a) Background . The Service and USCIS have issued one form or another of reentry permits to permanent resident aliens for many decades. The permits are all prepared and issued out of a central location, providing a high level of security and quality of the permits. If you are unfamiliar with the security features of the current reentry permits, you should review the relevant document alerts issued by the Forensic Document Lab.
(b) Validity . Re-entry permits are valid for a maximum period of two years unless otherwise restricted. The validity commences from the date of issuance, not from the date the application is received. A re-entry permit cannot be extended.
52.2 Filing and Receipting Procedures.
(a) Application .
(1) Reason(s) for Applying for a Re-entry Permit . There are a number of situations wherein an alien may apply for a re-entry permit , including:
• A resident alien who intends to remain outside the U.S. for a period of more than one year but no longer than two years and who does not intend to abandon residence in the
U.S. may apply in order to establish his or her intention to return to the U.S. after his or her temporary absence from this country.
• Although a resident alien in possession of Form I-551 who intends to remain outside the U.S. for less than one year does not require a re-entry permit, a resident alien who is
"stateless" or who is unable to obtain a passport from the country of his or her nationality may apply for a re-entry permit for use as a travel document.
• On occasion, a resident alien may apply because he or she will need a re-entry permit to visit a certain country because that country will not honor a passport of the resident's country of nationality.
• A resident alien may apply for a re-entry permit for any other bona fide reason.
Note: Certain resident aliens can re-enter the U.S. with only their Form I-551 even after an absence of more that one year. Included in this group are civilian employees of U.S.
Government agencies returning from assignments abroad on official orders and a

spouse or child of a civilian employee of the U.S. Government or a spouse or child of a member of the U.S. Armed Forces as described in 8 CFR 211.1(a)(6) .
(2) Application Form . An alien seeking a Reentry Permit must do so on Form I-131,
Application for Travel Document. This form is also used when requesting issuance of a refugee travel document or when requesting advanced parole (see Chapter 53 and
Chapter 54 of this field manual).
(3) Filing Location . An application for the issuance of a reentry permit must be filed at the following address:
USINS, Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
An alien must be physically present in the U.S. in order to file the application, and any application submitted by an alien who is abroad when the application is made must be denied. See 8 CFR 223.2(b)(1) .
(4) Initial Evidence . Form I-131 should be submitted with evidence of permanent resident status, normally a photocopy of I-551. Evidence that the alien has been processed for Form I-551 may also be presented as evidence of permanent residence.
(b) Verification of Status . The first employee reviewing the application shall verify the status from the documentation submitted (normally a Permanent Resident Card, Form I-
551), and place the proper notation on the Form I-131. The Permanent Resident Card shall then be detached from the application and mailed back to the applicant. If the application is received without a Form I-
551, and the alien’s A file is available, the employee shall verify the alien’s status and place the notation "file seen" beside the "A" number on the Form I-131, and initial and date his or her annotation. If an "A" file cannot be found and the applicant is not able to present a Form I-551, other evidence of admission for permanent residence listed in 8 CFR 103.2(b)(17) may be accepted. A reentry permit will not be issued until there is satisfactory evidence on file to substantiate that the applicant is clearly eligible.
(c) Photograph . Any photograph accepted must conform with ADIT instructions.
52.3 Adjudication.

(a) Adjudication Actions .
(1) Review of Application .
(A) Review the application for completion of all necessary items and check against data in USCIS, on the I-551 or in the alien's file. If any data are incorrect, inaccurate, or left out, and if you are satisfied that there is no fraud on the part of the applicant, you may insert the correct information, if known. Any such changes or insertions should be made in red ink.
(B) If the applicant has had a change of name, he or she must submit appropriate documentation to support such a change.
(C) Re-entry permits may not be delivered to the applicant's foreign address. The permits may only be delivered to the U.S. address of the applicant, the U.S. address of an authorized representative of the applicant (supported by a Form G-28), or a U.S.
Embassy, Consulate, or DHS office abroad. Any application showing the applicant's address to be that of travel agency, should be returned to the applicant for the residence address of the applicant.
(D) [(b)(2) or (b)(7)(E)]
(2) Verification of Status .
(A) If the applicant has not presented the original or a photocopy of his or her Permanent
Resident Card, you can verify the applicant's permanent resident status through USCIS; by requesting additional documentation from the applicant; or if necessary, by reviewing the applicant A-file.
(B) If the file does not contain evidence of permanent resident status and the applicant claims such status, you should request that HQ Records conduct a manual search. In emergent cases, you may request verification telephonically. Written verification should follow the telephonic verification.
(C) Only in the most emergent cases, a permit may be issued without verification of the applicant's entry. When a permit is issued under emergent circumstances, you will forward the completed application to the files control office of residence for a post check of the applicant's file to assure that the permit was properly issued.

(3) Timeliness of Adjudication of Application . Delay in adjudication of an application for a re-entry permit may interfere seriously with the applicant's travel plan, and may generate inquiries from the applicant or Congressional offices. If travel is imminent because of emergent reasons, efforts should be made to adjudicate the application expeditiously.
(b) Adjudication Issues .
(1) Countries to Be Visited . Under certain circumstances, the government may ban the travel of a lawful permanent resident to a certain country or countries. If such ban is in effect, it will be published in the Federal Register. The Federal Register publication may also list certain exceptions to the ban. If an applicant wishes to travel to a banned country, his or her application must be denied, unless he or she falls within one or more of the authorized exceptions. At the present time, there are no bans in effect with regard to travel to specific countries.
(2) Prior Reentry Permits or Refugee Travel Documents . If a previously issued reentry permit was not surrendered to the Service or USCIS by the applicant, you should request the alien return it or explain in detail the reason he or she cannot. You should resolve this matter satisfactorily before delivering the new permit. Retain the surrendered permit in the A-file. An expired permit may be returned to the bearer if it contains valid visas or other endorsements. The upper left corner of the cover and identity page must be clipped before returning the permit.
Note also that a re-entry permit will not be issued to a lawful permanent resident who is already in possession of a refugee travel document, unless that (RTD) document is first surrendered.
(3) Temporary or Permanent Nature of Intended Absence . You must determine whether the applicant's absence will be temporary. You should make this determination through a review of the record of proceedings and the applicant's A-file, if available. Some factors you should consider are the applicant's previous absences, the length of intended absence, and whether the applicant has ties (property, family, employment, etc.) in the
U.S.
(4) Business or Employment Abroad . If an applicant for a re-entry permit has engaged in business or employment abroad for extended periods of time, pay particular attention to the response to the question of whether the applicant ever claimed nonresident alien status for Federal income tax purposes since becoming a permanent resident.
Additionally, the applicant's location of employment is a factor to consider when determining if the applicant intends to depart the U.S. temporarily.
(5) Effect on Immigrant Status by Alien's Claim to Be a Nonresident for Federal Income

Tax Purposes . Aliens are classified for Federal income tax purposes either as "resident aliens" or "nonresident aliens." Resident aliens are, in general, taxed the same as U.S. citizens. A nonresident alien, on the other hand, is generally exempt from income tax on earnings derived from sources outside the U.S.
Aliens admitted to the U.S. as permanent residents or granted adjustment of status are ordinarily resident aliens for tax purposes. Under certain circumstances, however, in spite of lawful permanent resident status under the immigration laws, an alien may be considered a nonresident for tax purposes.
The Internal Revenue Service has identified two categories of aliens admitted or adjusted who are considered to have the status of nonresident aliens under the tax laws and regulations:
• Category A - An alien admitted as or whose status is adjusted to that of a permanent resident but who has no bona fide intention of establishing residence in the U.S. at the time accorded status as a lawful permanent resident. For example: a commuter defined in 8 CFR 211.5 prior to the time of taking up an actual permanent residence in the U.S.; an alien within the purview of section 319(c) of the Act who upon admission or adjustment neither intended to establish nor did establish a residence in the U.S. The alien is classified as a nonresident alien for tax purposes notwithstanding that the alien has not made application for or claimed such classification, has not abandoned immigration status as an alien lawfully admitted for permanent residence, and is still a lawful permanent resident alien under the immigration laws;
• Category B - An alien admitted to the U.S. as a permanent resident, or an alien whose status is adjusted, who upon admission or adjustment intends to and does establish residence in the U.S. but thereafter abandons it. The alien abandons residence in the U.S. and acquires the status of a nonresident alien under the tax laws and regulations, as well as under the immigration laws, only if each of the following occurs:
– The alien actually departs from the U.S.; and
– The departure is coupled with an intention to abandon residence in the U.S., or the alien forms an intention to abandon residence in the U.S. after departure from the U.S.
Section 101(a)(20) of the Act defines the term "lawfully admitted for permanent residence" to mean "the status of having been lawfully accorded the privilege of residing permanently in the U.S. as an immigrant in accordance with the immigration laws, such status not having changed." It follows, therefore, that an immigrant within the category
(A) who is classified as a nonresident for tax purposes may nevertheless continue to enjoy the status of an alien lawfully admitted for permanent residence, unless and until the alien changes immigrant status by abandonment thereof. However, except for special classes of immigrants such as commuters who are maintaining their status or

aliens engaged in employment abroad qualifying them for naturalization under section
319(c) of the Act, if a category (A) alien's absences are prolonged and frequent, and relatively little time is spent in the U.S., the alien may be found, on other than income tax considerations, not to be entitled to the status or benefits under the immigration laws which accrue to lawful permanent residents.
The immigrant within category (B), on the other hand, is an alien who, after admission for permanent residence, established residence in the U.S. and voluntarily elected to claim nonresident status to qualify for benefits under the income tax laws.
By such election, the alien has taken on a status which is patently inconsistent with a continuance of status as a lawful permanent resident. In claiming nonresident alien status under the tax laws, the alien has tacitly represented that either at the time of departure from the U.S. or thereafter the intention of abandoning residence in this country was formed. Abandonment of residence by an immigrant, for whatever purpose, effectively extinguishes status as a lawful permanent resident because it constitute s a change of status within the meaning of section 101(a)(20).
You should pay special attention to the responses to the question of Form I-131 regarding any claim the applicant may have made for nonresident alien status for federal income tax purposes. If the applicant admits having claimed nonresident alien status for federal income tax purposes (either by having filed a return because their income was earned abroad and the alien therefore regarded it to be exempt from tax due to being a nonresident), you should be alert to the possibility that the alien, unless in category (A), may have abandoned residence for immigration purposes. If there is a question whether the applicant is within category (A) or (B), resolve it by correspondence or interview.
When you request an applicant to submit copies of returns filed for suspected tax periods, and the applicant fails to comply without furnishing a satisfactory explanation, you may deny the application for lack of prosecution after two requests. If the applicant claims to have filed tax returns but does not have copies of those returns, you should request that the applicant execute a consent to have copies of the returns furnished by the Internal Revenue Service. The consent can be prepared on regular USCIS letterhead stationery. If the consent is returned, mail it to the Internal Revenue Service
Center having jurisdiction over the address where the alien filed the tax return. If more than one center is involved, the applicant should execute separate consents for each center. Note that if the alien used a foreign address in filing any of the pertinent returns, the consent should be sent to the IRS Center, 11601 Roosevelt Boulevard, Philadelphia,
PA 19155.
USCIS Headquarters should be notified promptly if any difficulties are experienced in the routing of the consents to the proper Internal Revenue Service Center, or in obtaining requested copies from that Service.
Alternatively, you may request the alien to obtain certified copies from the IRS. If, after

examination of copies of the applicant's income tax returns obtained from the IRS, you determine that the applicant did claim nonresident status for income tax purposes and that the case appears to be within category (B), process the application in the manner described for aliens who appear to be within that category.
(6) Possible Inadmissibility . The fact that an applicant may be inadmissible upon return to the U.S. is not a ground for denying a re-entry permit. In such a case, however, if the alien is still in the U.S., you should notify the alien of the possible inadmissibility and explain the ramifications of traveling outside the U.S. Several possibilities arise, including:
• If the alien is eligible for a waiver under section 212(c) of the Act (as someone who falls within the decision in INS v. St. Cyr. 121 S. Ct. 2271 (2001) (see Chapter 41.2 of this field manual), he or she may apply for such waiver in conjunction with the re-entry permit application. If you approve the waiver, annotate the “Restrictions” area of the permit.
• If the alien is eligible for a waiver under section 212(g), 212(h), or 212(i) of the Act, he or she may apply for such waiver in conjunction with the re-entry permit application. If you approve the waiver, annotate the “Restrictions” area of the permit.
• If the alien will be traveling outside the U.S. for less than 181 days and he or she does not, or will not, fall within the provisions of paragraph (i), (iii), (iv), (v) or (vi) of section 101(a)(13)(C) of the Act, you may explain to the alien that if he or she is gone from the U.S. in excess of 180 days he or she will be considered to be an applicant for admission upon return to the U.S. and may well be found to be inadmissible. You may then approve the re-entry permit for a period which does not exceed 180 days.
• If the alien is not eligible for a waiver of inadmissibility under section 212(c), 212(g),
212(h), or 212(i) of the Act, will be making an application for admission upon his or her return, and still desires to travel, take a sworn statement which establishes the applicant’s identity, alienage, inadmissibility, and understanding of the risks he or she would be taking departing from the U.S. You may then approve the re-entry permit application, annotating the Restrictions area of the permit “Possible Inadmissibility,
Section 212(a)(X) of the Act” (where “X” is the ground(s) of inadmissibility).
(7) Waiver of Diplomatic Rights . In the case of an I-131 applicant who is a lawful permanent resident, but who is within the purview of section 247 and fails to execute the waiver Form I-508 and, if applicable, the required election on Form I-508F, section 247 proceedings shall be instituted immediately, and the applicant informed that he will be required to obtain an appropriate nonimmigrant visa and passport if he desires to return to the U.S. When a permit is issued to an applicant who has executed Form I-508, the permit shall be endorsed above the line containing the file number "Form I-508 executed
________, 20_____," followed by the initials of the employee who prepared the permit.

(8) Applicant Checked the Wrong Box on Application . The applicant will be issued the document he or she requested, if eligible. However, if the applicant has merely checked the wrong block and is clearly eligible for issuance of a different travel document, the application will not be denied. If the applicant can be issued a refugee travel document, approve the application and have the refugee travel document issued. If it appears the applicant is eligible for advance parole, return the application to the applicant, advising him or her to submit the application to his or her local USCIS office.
(9) Applicant is a Conditional Permanent Resident . A Conditional Permanent Resident may apply for and be issued a Re-entry Permit, just like any other Lawful Permanent
Resident. (However, the permit may not be valid beyond the date on which the
Conditional Resident’s status will expire.)
(10) Treaty Merchants . A re-entry permit may be issued only to a lawful permanent resident or to certain treaty merchants admitted before 1932 who are physically present in the U.S. when filing the application. You will rarely, if ever, encounter an alien who claims eligibility for a re-entry permit as a treaty merchant, and any you do encounter may be eligible for creation of a record under section 249 of the Act (see Chapter 23 of this field manual).
(11) Other Long-term Residents Lacking LPR Status . Occasionally, an alien with long residence in the U.S. will file a Form I-131 with Form AR-3 or AR-103. In those cases, it will be necessary to verify the alien's permanent resident status through a review of the record. If the record shows that the applicant has never established permanent resident status and has resided in the U.S. for a number of years, the alien may be eligible for creation of a record of lawful admission for permanent residence pursuant to section
249 of the Act (see Chapter 23 of this field manual).
(c) Closing Actions .
(1) Approval and Period of Validity of Permit . If you approve the application, the permit should be made valid for two years, for multiple entries, unless otherwise restricted.
However, the validity period of a re-entry permit issued to a conditional resident must be restricted to the date of expiration of the conditional resident's status unless the applicant has filed a Form I-751 and it has been granted. You can use the Marriage Fraud
Amendment System (MFAS) to verify the status of any Form I-751 filed.
(2) Denial of Application . If you deny an application, prepare and forward the decision to the alien on Form I-292, with attached I-290B in the event the alien wishes to appeal.
When you deny an application for a re-entry permit on the ground that the applicant had abandoned lawful permanent resident status, and the applicant is within the U.S., refer the case to Investigations for consideration of instituting expulsion proceedings on the

ground that the alien was not admissible as a returning resident at the time of last entry.
If the applicant is abroad and it appears that there may be an attempt to return to the
U.S., consider posting a lookout notice, or notifying the port of entry if the date, place and manner of proposed re-entry are known.
(d) Precedent Decisions . The following is a list of precedent decisions which pertain to the adjudication of an application for a re-entry permit, with a brief synopsis of each.
(1) General .
• Matter of V-- , 4 I&N Dec. 143 (BIA 1950; Acting Attorney General 1950) . Upon return to U.S., a re-entry permit which has not been procured by fraud or misrepresentation must be accepted as establishing that the alien is returning from a temporary visit abroad.
• Matter of M-- , 4 I&N Dec. 189 (Central Office 1950; BIA 1951) . Inadvertent issuance of re-entry permit to alien not entitled to such document cannot give the alien a status denied by law.
• Matter of Paparo , 10 I&N Dec. 649 (Acting Regional Commissioner 1964) .
Application for re-entry permit must be submitted prior to departure.
•
Matter of Esposito , 10 I&N Dec. 661 (Regional Commissioner 1964) . Alien who entered the U.S. unlawfully and remained in illegal status is ineligible for a re-entry permit.
• Matter of Mosqueda , 14 I&N Dec. 55 (Regional Commissioner 1972) .
Discretionary denial where applicant would be executing outstanding order or deportation by departure.
(2) Residence .
• Matter of Manion , 11 I&N Dec. 261 (District Director 1965) . An applicant is eligible who has been in the employ of an American firm abroad and who has close family ties in the U.S.
• Matter of Wu , 14 I&N Dec. 290 (Regional Commissioner 1973) . Despite short stays in the U.S., denial of application was incorrect because applicant has maintained ties in U.S., absences abroad were in connection with employment by an American firm, and application to preserve continuity of residence for naturalization purposes had been approved.

• Matter of Souqi , 14 I&N Dec. 390 (Regional Commissioner 1973) . Application granted for purpose of returning abroad for approximately two years to dispose of business and home and to arrange to bring immediate family to U.S. for permanent residence.
• Matter of Guoit , 14 I&N Dec. 393 (District Director 1973) . An alien who desires to depart for approximately two years to teach at a university abroad, who is taking with him his family and all possessions, and whose principal place of abode will be abroad, but who intends to return to the U.S., is eligible for a re-entry permit.
• Matter of Thomopoulos , 15 I&N Dec. 466 (Acting Regional Commissioner 1975) .
In determining intent to depart temporarily, the following factors should be considered: duration of absence; motive for departure; location of applicant's job, family ties, and property holdings, and date of intended return.
• Matter of John , 17 I&N Dec. 534 (Regional Commissioner 1980) . An alien absent for extended periods of time performing missionary work abroad for a recognized U.S. religious denomination is eligible for a re-entry permit.