Question:

Re-entry permit for Green card holders

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I've held a green card for a little over a year. I'm going to be attending university in my home country of England. The course is three years in duration. My question is...I know you can get re-entry permits for 2 years, but is there any way of raising it to 3? Is education a legitimate reason for requesting the re-entry permit? I plan to return to the US at least twice a year....in that case, is the re-entry permit needed at all?

Thanks for any advice

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  1. Study outside the U.S. is a common practice and perfectly acceptable as long as you have the intent to return to the U.S. after you graduate.

    If you have strong ties to the U.S., you can return to it after studying outside the U.S.

    You can apply for a Re-entry Permit. If your application is approved, your permit will be valid for two years. If you plan to make trips to the U.S. during the time that you're a student, on one of those trips when your Re-entry Permit is close to expiring, you can apply for another.

    If that application is approved, you will have two Re-entry Permits which should just about cover the period of your absense.


  2. ermmm, i think so. but im not entirely sure

  3. The regulations aren't completely clear on some of your points. You wouldn't be able to apply for a re-entry permit while outside of the US. It can't be extended, to the best of my knowledge, but you could apply again. While you don't automatically lose your green card status until you've been outside of the US for over a year, green cards are issued to live primarily in the US. So, if you are spending most of the year in England and only coming here for short trips you could lose your green card at some point, but there's no way to know exactly when that would happen as it's a judgement call on the part of CBP at the port of entry.  

  4. You will in most likelihood lose your green card.  It is not just a case of coming back to the US a couple of times per year.  It is whether you are predominantly in the US and have your life here or not.  If you are in the US six months per year, no problem.  Being English and studying there for three years shows that your focus is not the US.  You need to talk to a lawyer re this.

  5. If you have a green card, that means you're a legal resident and should have no problem coming and going as long as you have a valid passport and the appropriate visas.

    I suggest you contact immigration for a full answer though.

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