The Reentry Permit

The Permanent Resident Card (Green Card) is for living permanently in the United States.  If after getting the green card, you want to live for more than six months outside the United States, there is a presumption that you do not want to live permanently in the United States, and therefore have abandoned your Permanent Residency Status.

In order to preserve your Permanent Residency status, you need to file the Reentry Permit (Form I-131) BEFORE you leave the United States.  After filing you have to have a fingerprinting done, so it’s advisable to file at least 1-2 months prior to departure.  Also please include a valid reason in the cover letter as to why you are leaving.  The reentry Permit can be mailed to you or be picked up at the US Consulate near the foreign country that you are in.  Please note that if you have committed a crime or are otherwise excludable from the United States, you cannot use the reentry permit to enter the US.

The Reentry Permit is usually valid for 2 years, before which time you have to come back to the United States.  Of course you can come back and file the reentry permit again, for another two years, but you have to have a valid excuse.  Usually it is not a problem if an US business transfers you to their foreign location, or if you leave to study under any particular program of study in another country.  However if you are just working for a foreign company in their office in your home country, you probably will not get the reentry permit and have to forfeit your green card.

Please also bear in mind that using the Reentry Permit may not prolong your continuous residency requirements for your citizenship.  Therefore getting the citizenship will be delayed beyond the normal times.

Contact Houston Immigration Lawyer, Annie Banerjee, for more information.

Treaty Visas

Treaty Visas

The US Government signs treaties with various countries for nationals of those countries to come over temporarily.

These are strictly non immigrant visas and do not lead to Permanent Residency.

They can be filed either with the United States Citizenship and Immigration Service in the United States (as an extension or change of status) or with the Consular Posts

Note: India does not have any of these treaty benefits.

E-1 (Treaty Trader)

REQUIREMENTS:

1. The applicant must be a National of the Treaty Country
2. The Company in the US must have more than 50% of ownership in the foreign country
3. Must be engaged in TRADE ie, international exchange of goods, services, and technology
4. The Trade must be SUBSTANTIAL
5. The Trade must be principally between the US and the Treaty Country (ie more than 50%)
6. The Applicant must be employed managerial position or possess essential skills-similar to L-1 Requirements

E-2 (Treaty Investor)

REQUIREMENTS

1. The applicant must be a National of the Treaty Country

2. The Company in the US must have more than 50% of ownership in the foreign country

3. The Investment must be substantial—- We will need to trace the source of that investment from the foreign country

4. The Investment cannot be marginal- (a) must generate a net profit and (b) Create US Jobs

5. The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed

6. Investor must be in a supervisory/managerial position

Caveats

1. Both these visas continue until such time as the business continues
2. The dependent wife and children can live in the US
3. Please see list of necessary documents at the end of this page

E-3- for Australians

Given to 10, 500 Australian Nationals. Very similar to H-1B visa, except that these are Temporary and cannot convert to the Green Card

The Procedure and Requirements are the same as the H-1B, ie Certified LCA, Educational Requirement, Professional Job, etc. Please read those requirements in the H-1B section of this web page.

VWP

Citizens of certain nations (Mostly European nations, Japan, and Singapore) do not need a Visa to visit the US. The allowable time limit for this Visa Waiver is a maximum of 90 days. This cannot be extended from the US, nor be converted to any other type of visa. Applicants must have a machine readable passport