Important Cautions Regarding the Re-Entry Permit

Not an advance parole

A re-entry permit is NOT an advance parole. There are several differences:

  • An advance parole is issued to an alien who does not have a permanent resident (green card) status. A re-entry permit is issued to a permanent resident of the U.S.
  • An advance parole is a piece of paper with the alien’s photo, whereas a re-entry permit looks like a passport.
  • An advance parole serves a purpose similar to a visa to the U.S., while a re-entry permit functions similarly to a passport. An alien with an advance parole still needs a foreign passport to enter into the U.S., whereas a permanent resident with a re-entry permit does not need a foreign passport to enter into the U.S.
  • An advance parole is valid for one year, meanwhile a re-entry permit is valid for two years.

Continuous Residency

Possessing a re-entry permit does not relieve the person from meeting the requirements of the naturalization laws. If they plan to apply in the future for naturalization, absences from the U.S. for more than one year will normally break the continuity of your required continuous residence in the U.S. However, if the Attorney General has approved an absence because the person is a permanent resident employee of the U.S. government abroad or an American institution of research recognized as such by the Attorney General, or if employed by an American firm or corporation, then a period of absence from the U.S. will not affect the continuity of residence.

The American firm or corporation has to be engaged in whole or part in the development of foreign trade and commerce of the U.S. or a subsidiary. Also, more than 50 percent of the company’s stock has to be owned by an American firm or corporation, or you are employed by a public international organization in which the U.S. is a member by treaty or statute, and you were not employed until after being lawfully admitted for permanent residence. In order to qualify for approval, you must have been physically present and residing in the U.S. for an uninterrupted period of at least one year after you were lawfully admitted for permanent residence. The approval does not exempt you from the requirement that you must be physically present in the U.S. for at least one-half of the period of residence required for naturalization. This rule applies to all cases except if you are employed by or under contract with the U.S. government, authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the U.S., and authorized to perform the ministerial or priestly functions of a religious denomination or by an interdenominational mission organization having a bona fide organization within the U.S. as a missionary, brother, nun, or sister.

If you qualify for preserving your residency, you may apply with a Form N-470, Application to Preserve Residence for Naturalization Purposes (under section 316(b) or 317, Immigration and Nationality Act).

Invalidation

A travel document will be invalid if you obtained it by making a false representation or concealment in the application, or if you are ordered to leave, removed, or deported from the U.S.

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