Re-Entry Permit and Working outside USA

[h_saria]

I am an airline Pilot and have had a green card based on Marriage. I will be applying for the conditions to be removed next month.

I wanted to know if someone has some experience and know about re-entry permits.

I am planning to take up a job outside US in an Asian Country(Not my home Country). I will be travelling back and forth to USA on a regular basis, most probably once every week or two week, plus after 2 months of work I get 3 weeks off, which I plan to spend in the USA. My wife who is an American Citizen will be travelling back and forth with me as well.

Her dad owns a house and we plan to stay with them after we move to USA, so I will have a US Address, Bank Accounts etc. It is a temporary job contract for 3 years.

I plan to apply for a re-entry permit to be on the safe side. However, I wanted to know if I can use the same re-entry permit multiple times after it is approved? Or can it be used only once?

Also, after one applies for the re-entry permit, can one apply for the citizenship if one meets the physical presence time period in the USA or does a re-entry permit is a no-no and you have to restart from day 1?

Any suggestion is welcomed.

[rayb]

I can't tell you whether same Reentry Permit can be used multiple times, but your time outside of the U.S. cannot exceed 18 months (if applying under 3-year rule) without risking loss of your "continuous eligibility" for naturalization appication purposes.

--Ray B

I am an airline Pilot and have had a green card based on Marriage. I will be applying for the conditions to be removed next month.

I wanted to know if someone has some experience and know about re-entry permits.

I am planning to take up a job outside US in an Asian Country(Not my home Country). I will be travelling back and forth to USA on a regular basis, most probably once every week or two week, plus after 2 months of work I get 3 weeks off, which I plan to spend in the USA. My wife who is an American Citizen will be travelling back and forth with me as well.

Her dad owns a house and we plan to stay with them after we move to USA, so I will have a US Address, Bank Accounts etc. It is a temporary job contract for 3 years.

I plan to apply for a re-entry permit to be on the safe side. However, I wanted to know if I can use the same re-entry permit multiple times after it is approved? Or can it be used only once?

Also, after one applies for the re-entry permit, can one apply for the citizenship if one meets the physical presence time period in the USA or does a re-entry permit is a no-no and you have to restart from day 1?

Any suggestion is welcomed.

[h_saria]

I can't tell you whether same Reentry Permit can be used multiple times, but your time outside of the U.S. cannot exceed 18 months (if applying under 3-year rule) without risking loss of your "continuous eligibility" for naturalization appication purposes.

--Ray B

Thank you for the information --Rayb. I actually already have 18 months of residency in the USA and I will have more months in the years before I apply for Naturalization. I think I should be fine, just the only confusion is regarding my travel outside of USA.

The job in USA is not that good financially and I can make 3 times more money outside USA. My trips would take me outside USA on a regular basis but I will spend 2-3 weeks in USA on a regular basis after every 2 months plus some days between those 2 months that I would be flying in to US as a crew member.

But I was reading and it seems like I need the condition to be removed first before I can apply for the re-entry permit.

Thanks again. Please keep posting any other information anyone has.

[rayb]

You can apply for a Reentry Permit even if your Green Card is conditional. But you will have to be here to meet the requirements for your "Removal of Conditions," i.e., biometrics and interview.

--Ray B

Thank you for the information --Rayb. I actually already have 18 months of residency in the USA and I will have more months in the years before I apply for Naturalization. I think I should be fine, just the only confusion is regarding my travel outside of USA.

The job in USA is not that good financially and I can make 3 times more money outside USA. My trips would take me outside USA on a regular basis but I will spend 2-3 weeks in USA on a regular basis after every 2 months plus some days between those 2 months that I would be flying in to US as a crew member.

But I was reading and it seems like I need the condition to be removed first before I can apply for the re-entry permit.

Thanks again. Please keep posting any other information anyone has.

[h_saria]

You can apply for a Reentry Permit even if your Green Card is conditional. But you will have to be here to meet the requirements for your "Removal of Conditions," i.e., biometrics and interview.

--Ray B

True I can do that. But the as per the instructions for the Re-entry Permit it states that if one is on a conditional green-card, the re-entry permit would be valid only till the the date of the expiration of the conditional green card. And my green card would expire on 26th September! So I guess it just one of those situations where it would be just better to wait and do one thing at a time.

Plus given the time it takes to get the conditions removed on the green card it might be just better off to hold it off! Will see how it works out. But if I do get my conditions removed within 6-9 months of sending my application, then I can try to get that job again in April.

Just being an airline crew member is quite different, because your in so many different countries all the time and I will be coming back and forth to US a lot of times. If it was an airline based in USA wouldn't be a problem, but since it is a non-us based airlines it makes it quite challenging.

Than you -RayB

[rayb]

I just reviewed that citation about Reentry Permit only being good until Conditional status expires and have to agree with you. I am talking to someone else in a similar status, who was warned just yesterday at LAX that she needs a Reentry Permit, but her Conditional Status expires in only a few weeks. I believe the restrictive citation, so applying for a Reentry Permit would be at risk of losing the application fee.

--Ray B

True I can do that. But the as per the instructions for the Re-entry Permit it states that if one is on a conditional green-card, the re-entry permit would be valid only till the the date of the expiration of the conditional green card. And my green card would expire on 26th September! So I guess it just one of those situations where it would be just better to wait and do one thing at a time.

Plus given the time it takes to get the conditions removed on the green card it might be just better off to hold it off! Will see how it works out. But if I do get my conditions removed within 6-9 months of sending my application, then I can try to get that job again in April.

Just being an airline crew member is quite different, because your in so many different countries all the time and I will be coming back and forth to US a lot of times. If it was an airline based in USA wouldn't be a problem, but since it is a non-us based airlines it makes it quite challenging.

Than you -RayB

[h_saria]

I agree RayB, it would be just letting the fee go to a waste. And I talked to few people who travel back on forth every 1-2 months. It is not a problem at all. However, if you stay out for 4-5 months and do that 2-3 times a month then the CBP looks at it suspiciously. And having a re-entry permit does make life easy for sure. Even you stay out for longer, you can still return until you did something really out of the ordinary.

Thank you for replying RayB. You have provided good information.

[Gaurav Kakked]

I have been through the process recently . I suggest you apply for the permit. I ll try to answer some of your questions.

Applying for a reentry permit does NOT affect your ability to naturalize as long as you meet the conditions .

It is considered to be a presumptive evidence of wanting to return to the US after a temporary visit abroad. Legally a temporary visit abroad is not defined by any duration. It is defined by intent to return to the US eventually . While it is not a 100% guarantee that you would be admitted by the CBP in a hassle free manner , it is pretty close to that. For practical purposes the only grounds of inadmissibility after having the permit are , being involved in criminal or terrorist activities . They don't care about probing about temporary nature of the visit.

Since you are an airline pilot , it is obviously expected that you would fly abroad frequently.

Fill a tax return in the US. This is a tricky part. While CBPs never bother asking about tax , it could eventually be a problem when you try to naturalize. Legally you are a tax resident of the US and expected to pay tax in the US . Of coirse exemptions and international treaties like double taxation avoidance agreement between the US and your employer nation would apply. Get professional help for these. You ll never be asked about tax by the CBP. But not filing a tax return can get you deported , if you are caught . I met a guy who was facing removal , when he applied for naturalization because of some tax issues. And the guy did not evade money voluntarily. Just some issue complicated by international tax laws.

good luck..