Travel - Green card holder

[fpvt2]

Is my understanding correct that
1. a green card holder can travel outside the US for < 1 year without needing anything else except for passport and their green card
2. if they travel > 1 year, but < 2 years, they need a Re-entry permit
3. if they are unable to return to the US within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, they need a special immigrant Returning Resident (SB-1) visa.

So, they only need a Returning Resident (SB-1) visa if they are unable to come back to the US in > 2 years?

Thank you.

[JoeF]

If the PR does not have a reentry permit, a Returning Resident visa would be required if the PR stays abroad for over 1 year.
Also, note that the 2 years with reentry permit is just an approximation. The reentry permit is valid for 2 years from the date of issuance, which could actually be later than the PR's departure date.
Finally, a Returning Resident visa is not easy to get. The PR would have to show that the stay was protracted for reasons beyond the PR's control. Simply staying abroad longer because the PR wants to doesn't work.

[fpvt2]

Thank you for your reply.
So, if the green card holder stays outside US < 1 year, they do NOT need re-entry permit and/or Returning Resident (SB-1) visa, right?

[JoeF]

That's correct.
There is another thing to consider, though: if a person with a GC stays abroad for over 180 days, that person seeks admission to the US on the return. This means that if that the grounds of inadmissibility apply (they were all listed on the I-485 application). So, for example, if that person has a communicable disease, he or she would not be allowed back.
Also, the requirement is always that they stay abroad has to be temporary in nature.

[fpvt2]

Many thanks for the information. They are very helpful.

1. From the articles that you mentioned, it said that at reentry in the airport, it is a good idea to show a copy of the tax return, if the green card holder are retirees, and they are claimed as dependents in their child's tax return, can they bring a copy of their child's tax return?

2. Also, if their bank account is a joint bank account with the child, can they bring a bank reference that mention that they and their child have a bank account at bank x?

3. The reason why they stay outside US long this time is: to help arrange a son's wedding, to help arrange that son's trip to study abroad, and to visit family. Is this ok?

Many thanks.

[JoeF]

It is not necessary to show these things if the INS officer doesn't ask for them. But in case there are questions, it is good to have them available.
The stuff you mentioned is ok.
As far as the reasons for staying abroad are concerned, just use common sense. Things like that, even just vacation, are ok.

[fpvt2]

Thank you very much for your advice. I appreciate it.

[rita5792]

I am planning to go back to my home country on Nov and plan to stay there for a while. Currently, I have my conditional green card which is going to expire on April 2004. My questions are:

(1) Should I apply re entry permit before I leave the country?

(2) If I apply the 2 years re entery permit, do I need to come back to the States before April 2004 to file form 751 to remove the conditions ? or I can have my husband to file 751 for me in the States?

Thank you very much for your help in advance.

[JoeF]

Re: Travel - Green card holder

A reentry permit would only be valid until your conditional card expires.
See 8 CFR 223.3(a):
"A reentry permit issued to a conditional permanent resident shall be valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever comes first."

To apply for removal of the condition, it is my understanding that you have to file the documents yourself. I have no idea if it is possible to file it from abroad, but since there probably is an interview at some point, you will to have come back for that anyway. And they often schedule interviews on a fairly short notice.

[kiendoan]

I'm hoding the GC right now, I always travel outside US without re-entry permit.
But I heard that in 2007. I do need a re-entry permit if I travel outside US. Is that true????