An individual who files for permanent legal residence in the U.S. through adjustment of status (Form I-485, Application to Register Permanent Residence or Adjust Status) may also file for permission to travel abroad while the adjustment of status application is pending. The applicant should file Form I-131, Application for Travel Document, for an Advance Parole document that allows the individual to be “paroled” into the U.S. after traveling abroad.
A re-entry permit allows a legal permanent resident (LPR) to be readmitted into the U.S. after a temporary absence. Residents who intend on being absent from the U.S. for an extended period exceeding 6 months are advised to obtain a re-entry permit as it helps to establish their intention of returning and not abandoning their legal permanent residence. However, please note that possession of a re-entry permit does not guarantee re-entry into the U.S. as residents still have the burden of proving that their absence was temporary and that they continue to maintain substantial ties to the U.S.
Some factors in determining whether U.S. residency was abandoned include:
- Location of LPR’s job
- Location of LPR’s family members
- Location of LPR’s permanent residence
- Location of LPR’s bank accounts and other property holdings
- Compliance with filing taxes as a U.S. resident