About the Re-Entry Permit

Published 05/25/2016

Hello, I’m investment immigration attorney Vaughan de Kirby based here in San Francisco. I received a detailed email question from my client today, and I thought it would make a great subject for a video. And that is about the re-entry permit. Basically, to simplify the whole process, the re-entry permit is when you let the American government know that for whatever reason you have to be out of the United States for an extended period of time.

Now what does it provide was the first question they asked. It allows you to re-enter the United States if you’ve been gone for over a year but less than two years.

Another question they ask was can I get my re-entry permit outside the United States? The answer is no. You must apply for your re-entry permit from the United States.

Another question was will a re-entry permit allow me to enter when for some other reason I’m ineligible? The answer is no. An example might be someone that committed a felony, a serious crime, or a crime of lesser significance but one that involved moral turpitude.

Will a re-entry permit guarantee your entrance? The answer is no, which we just sort of covered in the previous question. It does not guarantee your admittance, but I’ll tell you that in my practice that I have never had a client with a re-entry permit that was denied admission to the United States.

Another question on naturalization: does a re-entry permit forgive absence from the United States for the purposes of naturalization? And the answer again is no.

Now re-entry permit is very important, and I recommend before you apply for it or you fail to apply, you consult carefully with your investment immigration attorney. I hope this was helpful. Please do not hesitate to contact us or call 415-221-2345 if you have any questions. 

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney


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