The attorneys at Fong & Aquino are often asked whether using a re-entry permit “guarantees” re-entry to the US after a prolonged absence. A lot of people seem to think that there is some guarantee that using the re-entry permit will ensure their safe return to the US. In most cases, this is true, but it’s important to remember that the Customs and Border Protection (CBP) can and now will often still interrogate returning permanent residents about their reasons for leaving the US for long periods of time, most especially, those trips outside the US that are more than 6 months.
Using a re-entry permit allows a permanent resident to ask for re-entry to the US, but it only ensures that the CBP cannot use the length of absence as the only reason for denying entry. If CBP finds that a person holding a re-entry permit may have been employed abroad, or took up formal residence abroad, CBP can refer an individual for removal proceedings or deferred inspection when CBP will conduct a more formal interview of the applicant for re-admission. This will give you, the applicant a chance to rebut any allegation that you have abandoned your US permanent residency. If you are facing an abandonment interview with CBP, you will have one chance to show that you are eligible to keep your status. Contact the attorneys at Fong & Aquino if you would like a consultation regarding your case. —ecf