Question 12. My wife and I have been permanent residents for over one year. I plan to return to India for two years to take care of my parents. What are the legal reasons for which I can obtain the reentry permit? When should I apply for my permit? What are my obligations after getting the permit to prove our intention to keep our LPR status?
One is only allowed to apply for a reentry permit while in the United States. The USCIS will approve an application for reentry permit when the reason, which requires travel abroad, is legitimate. Generally, USCIS is also looking to see proof that the permanent residence has been maintained in the time before applying for the reentry permit. The applicant does not need to remain in the U.S. until the reentry permit is issued. Please also note that the USCIS will schedule a biometrics appointment for the reentry permit applicant. If the applicant has already departed the U.S., s/he would need to return to have his or her biometrics taken. There are certain rights and responsibilities of green card holders (like payment of taxes, etc), which must continue even if one is on a reentry permit and outside of the U.S. It is also important to be able to continue to show that one is maintaining permanent residence in the United States.