All foreign nationals in the U.S., including permanent residents, must be aware of travel restrictions if they want to avoid an unpleasant surprise upon return from a trip abroad.  One of the most unpleasant surprises can occur when a permanent resident returns from a one year trip abroad without the proper travel document and is refused admission and put back on the plane.  While this situation is very unfortunate and will prove painfully stressful, there are actions to be taken to remedy the situation.  Indeed, the person may file an application for advance permission to return to an un-relinquished domicile.  This application is filed with the USCIS District Director with jurisdiction over the applicant’s place of residence in the U.S.  The District Director has sole discretion to approve or deny the application.  If the application is approved, the approval is valid indefinitely and the person may use the form to return to the U.S.  However, if denied, the alien cannot file an administrative appeal.  A person may file the application with the immigration judge if he/she is currently in removal proceedings.  It should be noted that the application for advance permission to return to an unrelinquished domiciled should also be filed prior to  departure from the U.S. whenever a permanent resident intends to travel outside the U.S. for more than 2 years, a period that exceeds the validity of a travel document.   

Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Smith & Garg at 562-590-7300 or call our toll-free number at 877-517-4275.  You can also submit an inquiry through our Long Beach Immigration Online Inquiry.