If a person is a permanent resident or a Green Card holder, s/he is supposed to reside permanently in the United States. Failure to do so, depending on the length of the absence and the reasons for the absence, could be construed as an abandonment of one's intention to maintain lawful permanent resident status in the U.S.

The INS can, by law, confiscate the Green Card in such a case based on the Doctrine of Abandonment of Intention to maintain lawful permanent resident status.

An absence of six months or more generally breaks the continuity of residence for citizenship purposes. However, an absence of one year or longer will result in the automatic presumption that the person has abandoned lawful permanent resident status of the U.S. If a person knows that s/he will be traveling for extended periods of time, it is advisable to file for and obtain a re-entry permit before leaving the U.S.

The form, I-131, referred to as the "Application for Travel Document," has to be filed while the person is in the U.S. The maximum period of time for which a reentry permit can be issued is two years from the date of issuance. Generally, a reentry permit can be issued twice, each time for two years, totaling a period of four years. After that, any additional requests for the reentry document are discretionary on the part of INS and are often denied. Each member of a family has to file a separate application and filing fee to the INS in order to obtain a reentry permit.

Often people inadvertently fail to file this very important form to preserve their hard-earned right to enjoy the benefits of lawful permanent residence.

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