1. What is a re-entry permit and why do U.S. citizens in Canada need it?

A re-entry permit is a travel document issued by U.S. Citizenship and Immigration Services (USCIS) to U.S. lawful permanent residents or conditional residents who intend to travel abroad for an extended period of time but wish to preserve their status as a U.S. resident.

1. U.S. citizens in Canada who have been residing in Canada for an extended period of time and plan to travel outside the U.S. need a re-entry permit to retain their U.S. residency status while abroad. Without a re-entry permit, U.S. citizens who have been living in Canada could risk abandoning their U.S. residency status, as USCIS might deem their extended absence as relinquishing their permanent residency. A re-entry permit serves as a way to demonstrate to USCIS that the individual has not abandoned their U.S. residency despite an extended absence.

2. How do I apply for a re-entry permit as a U.S. citizen in Canada?

To apply for a re-entry permit as a U.S. citizen in Canada, you must follow these steps:

1. Fill out Form I-131, Application for Travel Document, which is available on the U.S. Citizenship and Immigration Services (USCIS) website.

2. Gather the required supporting documents, which may include evidence of your U.S. citizenship, proof of your permanent residency status, and a valid reason for needing a re-entry permit (such as extended travel or temporary residence abroad).

3. Pay the filing fee for the re-entry permit application. As of 2021, the fee is $575 for most applicants. However, certain categories of individuals, such as those under 16 years of age or those filing as refugees, may be eligible for a reduced fee.

4. Submit your completed Form I-131, supporting documents, and fee to the USCIS Lockbox facility designated on the USCIS website.

5. Attend a biometrics appointment, if required, to provide fingerprints, photographs, and a signature for identity verification purposes.

6. Wait for USCIS to process your application. Processing times can vary, but you can check the status of your application online using the USCIS Case Status Checker.

Once your re-entry permit application is approved, you will receive the permit, which allows you to re-enter the United States after temporary travel abroad without the need for a visa. It is important to note that a re-entry permit is typically valid for two years and must be valid at the time of your return to the U.S. Failure to have a valid re-entry permit may result in complications when attempting to re-enter the country.

3. What is the processing time for a re-entry permit application?

The processing time for a re-entry permit application can vary depending on various factors such as the current USCIS workload, the completeness of the application, and any additional supporting documentation that may be required. On average, it can take anywhere from 3 to 5 months for USCIS to process a re-entry permit application. It is important to submit a complete and accurate application to avoid any delays in processing. USCIS also offers premium processing for re-entry permit applications, which can expedite the processing time to approximately 15 calendar days for an additional fee. It is recommended to check the USCIS website for the most up-to-date information on processing times for re-entry permit applications.

4. Can I apply for a re-entry permit from Canada or do I need to return to the U.S.?

1. As a U.S. citizen, you can apply for a re-entry permit from outside the United States, including from Canada. You do not necessarily need to return to the U.S. to apply for a re-entry permit. However, there are certain requirements and processes that you need to follow when applying from abroad.

2. To apply for a re-entry permit from Canada or any other foreign country, you must complete Form I-131, Application for Travel Document, and submit it to the appropriate U.S. Citizenship and Immigration Services (USCIS) office. Additionally, you may need to attend a biometrics appointment at a U.S. embassy or consulate in the country where you are residing.

3. It is important to note that your re-entry permit application may take longer to process if you apply from outside the United States. Therefore, it is advisable to plan ahead and apply for the re-entry permit well in advance of your intended travel dates to ensure that you receive the permit in time.

4. Overall, applying for a re-entry permit from Canada as a U.S. citizen is possible, but you must follow the necessary procedures and allow for sufficient processing time to obtain the travel document before your planned return to the United States.

5. How long is a re-entry permit valid for?

A Re-entry Permit is valid for up to 2 years from the date of issuance for a U.S. Citizen. This permit allows a U.S. Citizen to re-enter the United States after traveling abroad for an extended period without losing their permanent resident status. It is important to note that the Re-entry Permit must be valid at the time of re-entry into the U.S., and it does not extend the validity of the underlying permanent resident card. Failure to return to the U.S. before the Re-entry Permit expires may result in abandonment of permanent resident status, so it is crucial to plan travel and return dates accordingly.

6. Can I travel back to the U.S. while my re-entry permit application is pending?

Yes, as a U.S. citizen, you can travel back to the United States while your re-entry permit application is pending. Here are some important points to consider:

1. Your re-entry permit application being pending does not restrict your ability to enter the U.S.
2. When you return to the U.S., you will be processed as a U.S. citizen rather than as a re-entry permit holder.
3. It is recommended to carry proof of your pending re-entry permit application when traveling to show immigration officials if requested.
4. If your application is approved while you are outside the U.S., you can have the re-entry permit mailed to a U.S. embassy or consulate for pick up.
5. Keep in mind that if you stay outside the U.S. for an extended period while your re-entry permit application is pending, immigration officials may question the validity of your intent to maintain U.S. residency.
6. It’s generally advisable to consult with an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) for specific guidance tailored to your situation.

7. Can I renew my re-entry permit while in Canada?

Yes, as a U.S. citizen, you can renew your re-entry permit while in Canada. Here are some important points to consider when renewing your re-entry permit in Canada:

1. You must ensure that you meet the eligibility requirements for a re-entry permit renewal, which typically include having maintained your U.S. residence and not being absent from the U.S. for more than two years.

2. You should file Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services (USCIS) to renew your re-entry permit. This form can be filed from outside the U.S., including Canada.

3. It is recommended to start the renewal process well before your current re-entry permit expires to avoid any potential issues with traveling back to the U.S.

4. USCIS may schedule you for biometrics appointments or interviews, which can be conducted at U.S. consulates or embassies in Canada.

5. Once your renewal application is approved, you can receive your new re-entry permit at a U.S. embassy or consulate in Canada or opt for international mail delivery.

6. It is crucial to abide by all the regulations and requirements set forth by USCIS when renewing your re-entry permit, especially when applying from outside the U.S. to ensure a smooth renewal process.

8. What are the consequences of not having a valid re-entry permit as a U.S. citizen in Canada?

1. Without a valid re-entry permit as a U.S. citizen in Canada, you may encounter issues re-entering the United States after your stay in Canada. A re-entry permit serves as proof that you had the intention of maintaining your U.S. residency while abroad. Without it, U.S. Customs and Border Protection (CBP) officers may question your residency status and reasons for being outside the U.S. for an extended period.

2. In the absence of a re-entry permit, you might be subject to closer scrutiny at the border, including possible delays, additional questioning, or even denial of entry into the U.S. if the CBP officer suspects that you have abandoned your U.S. residency. This could result in significant inconvenience, potential legal complications, and the need to prove your intention to maintain U.S. residency through other means.

3. Additionally, not having a re-entry permit may impact your ability to apply for certain benefits or services both in the U.S. and in Canada, as it demonstrates your commitment to maintaining ties to the United States. It is important to ensure that your re-entry permit is valid and up-to-date before traveling outside the U.S., especially for an extended period, to avoid any potential complications or consequences.

9. Can I use a re-entry permit for multiple trips outside the U.S. while residing in Canada?

Yes, as a U.S. citizen residing in Canada, you can use a re-entry permit for multiple trips outside the U.S. The re-entry permit allows you to maintain your status as a permanent resident while staying outside the country for an extended period. It is typically valid for two years and can be used for multiple trips during that time. However, there are some important considerations to keep in mind:

1. Each trip outside the U.S. should be temporary and should not exceed two years in duration.
2. You must return to the U.S. before the expiry date of your re-entry permit.
3. The re-entry permit does not guarantee entry into any country, including the U.S., so you may still need to meet the entry requirements of the country you are traveling to.
4. It is advisable to maintain strong ties to the U.S., such as keeping a residence, bank accounts, or family in the country, to demonstrate your intention to return.

Overall, a re-entry permit can be a valuable tool for U.S. citizens residing in Canada who need to travel frequently outside the U.S. while maintaining their status as permanent residents.

10. Can I work in Canada with a re-entry permit?

1. As a U.S. citizen with a re-entry permit, you can generally work in Canada for a limited period of time without obtaining a separate work permit. This is typically allowed under the provisions of the North American Free Trade Agreement (NAFTA) or the more recent United States-Mexico-Canada Agreement (USMCA).

2. NAFTA and USMCA include provisions that allow certain categories of U.S. citizens, including business visitors, professionals, intra-company transferees, and traders/investors, to work in Canada without a work permit. However, it is important to note that these provisions have specific eligibility criteria and restrictions.

3. For example, business visitors are allowed to engage in international business activities in Canada without a work permit, while professionals must meet certain education and work experience requirements. Intra-company transferees must be employees of a related company with specific qualifications, and traders/investors must be involved in substantial trade between the U.S. and Canada.

4. While a re-entry permit alone does not grant you the right to work in Canada, having this permit may facilitate your entry into Canada and can serve as a supporting document when you apply for temporary work authorization under NAFTA or USMCA provisions.

5. It is always recommended to check with the nearest Canadian consulate or embassy or consult with an immigration lawyer specializing in Canadian immigration laws to ensure that you meet the specific requirements for working in Canada with a re-entry permit under NAFTA or USMCA.

11. Do I need to surrender my re-entry permit if I decide to move back to the U.S. permanently?

1. If you decide to move back to the U.S. permanently as a U.S. citizen, you do not need to surrender your re-entry permit. The re-entry permit is primarily intended for permanent residents (green card holders) who need to travel outside of the U.S. for an extended period of time without abandoning their lawful permanent resident status. As a U.S. citizen, you do not need a re-entry permit to travel in and out of the country, as you have the right to reside in the U.S. indefinitely. Therefore, you can simply return to the U.S. without any requirement to surrender your re-entry permit.

2. In summary, U.S. citizens do not need to surrender their re-entry permits when moving back to the U.S. permanently, as the re-entry permit is not necessary for citizens to enter or reside in the country.

12. Can I apply for citizenship in Canada while holding a re-entry permit?

No, as a U.S. citizen holding a re-entry permit, you cannot apply for citizenship in Canada while retaining your American citizenship. Obtaining Canadian citizenship requires meeting specific eligibility criteria and going through the naturalization process in Canada, which typically involves renouncing any other citizenships held. Therefore, it is essential to carefully consider the implications of applying for citizenship in another country when you already hold citizenship in the United States. Additionally, renouncing U.S. citizenship can have significant legal and personal consequences, so it is advisable to seek guidance from legal professionals or immigration experts before making such a decision.

13. Can I use a re-entry permit to enter the U.S. after a long absence?

Yes, as a U.S. citizen, you can use a re-entry permit to enter the U.S. after a long absence. A re-entry permit allows you to maintain your status as a lawful permanent resident (LPR) even if you will be outside the U.S. for an extended period of time. Here’s what you need to know:

1. A re-entry permit is typically valid for up to two years and serves as proof that you have not abandoned your LPR status.
2. It is important to apply for a re-entry permit before you depart from the U.S. Failure to obtain a re-entry permit before leaving the country for an extended period could lead to issues when you try to return.
3. When re-entering the U.S. with a re-entry permit, you must present the permit to U.S. Customs and Border Protection (CBP) officers along with your valid passport.
4. It is essential to adhere to the terms and conditions of the re-entry permit to avoid any complications or questions regarding your status as an LPR upon re-entry.
5. Keep in mind that a re-entry permit does not guarantee entry into the U.S., but it does help establish your intention to maintain your LPR status during your time abroad.

In conclusion, a re-entry permit can be a valuable tool for U.S. citizens looking to return to the country after a long absence while maintaining their status as lawful permanent residents.

14. Can I apply for a re-entry permit online?

1. Yes, as a U.S. citizen, you can apply for a re-entry permit online through the U.S. Citizenship and Immigration Services (USCIS) website. The online filing system, known as the Electronic Immigration System (ELIS), allows eligible applicants to complete and submit their application electronically.

2. To apply for a re-entry permit online, you will need to create an account on the USCIS ELIS platform, fill out the Form I-131, Application for Travel Document, upload any required supporting documents, and pay the filing fee using a credit card.

3. It is important to ensure that you meet all the eligibility requirements for a re-entry permit before applying online. Re-entry permits are typically issued to U.S. lawful permanent residents (green card holders) who need to travel abroad for an extended period of time but intend to maintain their permanent resident status.

4. Keep in mind that processing times for re-entry permits can vary, so it is advisable to apply well in advance of your intended travel dates to avoid any delays. If you have any specific questions or concerns about the application process, you may consider consulting with an immigration attorney or reaching out to USCIS for clarification.

15. Can I travel to countries other than the U.S. with a re-entry permit from Canada?

1. Yes, as a U.S. citizen holding a re-entry permit, you can travel to countries other than the U.S. from Canada. The re-entry permit allows you to maintain your status as a permanent resident of the United States while being outside the country for an extended period, typically up to two years.
2. When traveling to other countries from Canada with a re-entry permit, it is important to ensure that you meet the entry requirements of the countries you plan to visit. Some countries may have specific visa requirements for U.S. citizens, regardless of whether they hold a re-entry permit or not. It is advisable to check the visa requirements of your destination country well in advance of your travel dates to avoid any issues or complications during your trip.
3. Additionally, carrying your re-entry permit with you while traveling internationally is crucial as it serves as proof of your status as a U.S. permanent resident and your intention to return to the United States. Make sure to keep the re-entry permit safe and secure throughout your travels to present it to immigration officials, if necessary.
4. Overall, with a valid re-entry permit, you have the flexibility to travel to countries other than the U.S. while maintaining your status as a permanent resident. Just be mindful of the entry requirements of the countries you plan to visit and ensure that you have all necessary travel documents in order before embarking on your journey.

16. Can my re-entry permit be revoked or canceled by U.S. authorities while in Canada?

Yes, your re-entry permit can be revoked or canceled by U.S. authorities while you are in Canada. The U.S. Customs and Border Protection (CBP) has the authority to revoke or cancel re-entry permits if they determine that the individual is no longer eligible for the permit or if there are other valid reasons for doing so. Some reasons why a re-entry permit may be revoked or canceled include:

1. Providing false information on the application.
2. Committing a criminal offense.
3. Engaging in activities that are inconsistent with the purpose of the re-entry permit.
4. Violating the terms and conditions of the permit.

If your re-entry permit is revoked or canceled while you are in Canada, it could impact your ability to re-enter the United States. It is important to comply with the regulations and requirements of the re-entry permit to avoid any issues with its validity.

17. Can I use a re-entry permit to enter the U.S. by land or sea from Canada?

Yes, as a U.S. Citizen, you can use a re-entry permit to enter the United States by land or sea from Canada. Here are some important points to consider:
1. Re-entry permits are specifically designed for lawful permanent residents (green card holders) to maintain their status while traveling abroad for an extended period of time.
2. However, U.S. Citizens are not required to obtain a re-entry permit for re-entering the U.S. after traveling abroad.
3. As a U.S. Citizen, you can freely enter the United States from Canada by land or sea without the need for a re-entry permit.
4. It is essential to carry appropriate identification documents such as a valid U.S. passport or passport card when re-entering the U.S. from Canada by land or sea.

18. Can I apply for a re-entry permit at a U.S. consulate in Canada?

Yes, as a U.S. citizen, you can apply for a re-entry permit at a U.S. consulate in Canada. Here’s how you can do it:

1. Prepare the required documents: You will need to fill out Form I-131, Application for Travel Document, provide a copy of your permanent resident card (if applicable), two passport-style photos, and evidence to support your need for a re-entry permit.

2. Schedule an appointment: Contact the nearest U.S. consulate in Canada to schedule an appointment for your re-entry permit application. Be prepared to provide biometric information during your appointment.

3. Pay the application fee: There is a fee associated with applying for a re-entry permit. Make sure to pay this fee at the time of your application.

4. Attend your appointment: On the scheduled date, attend your appointment at the U.S. consulate and submit your application along with the required documents.

5. Wait for processing: After submitting your application, the consulate will process your re-entry permit. Once approved, you will be able to travel outside the U.S. for a designated period without losing your status as a permanent resident.

It’s important to note that the specific requirements and procedures may vary, so it’s recommended to check with the U.S. consulate in Canada for the most up-to-date information before applying.

19. Can I apply for a re-entry permit if I have a criminal record in Canada?

1. Yes, you can still apply for a re-entry permit even if you have a criminal record in Canada. However, having a criminal record may impact your ability to obtain a re-entry permit, as the U.S. Citizenship and Immigration Services (USCIS) will consider various factors when reviewing your application.

2. When you apply for a re-entry permit, USCIS will conduct a background check to determine your eligibility. If you have a criminal record, USCIS will assess the nature of the offense, its severity, how long ago it occurred, whether you have completed your sentence or rehabilitation, and other relevant factors.

3. It is important to be honest and transparent about your criminal history when applying for a re-entry permit. Failure to disclose your criminal record can result in serious consequences, including denial of the re-entry permit application, revocation of your current legal status, and potential removal from the United States.

4. It is advisable to consult with an immigration attorney who can assess your specific situation, advise you on the best course of action, and help you navigate the re-entry permit application process effectively, especially if you have a criminal record in Canada.

20. Can I apply for a re-entry permit if I am a permanent resident of Canada but a U.S. citizen?

1. As a U.S. citizen who is a permanent resident of Canada, you are not eligible to apply for a re-entry permit. Re-entry permits are intended for U.S. lawful permanent residents (green card holders) who need to travel outside the United States for an extended period of time without losing their permanent resident status. Since you are a U.S. citizen, you do not hold a green card and are not considered a lawful permanent resident for the purpose of re-entry permit applications.

2. If you anticipate significant time outside the United States, as a U.S. citizen, you may want to consider other options for maintaining ties to the U.S., such as registering for the U.S. Consular Report of Birth Abroad for any children born during your time in Canada, ensuring your U.S. tax obligations are met, and staying informed about U.S. citizenship requirements.

In conclusion, since you are a U.S. citizen and not a permanent resident of the U.S., you are ineligible to apply for a re-entry permit. It is essential to understand and comply with the regulations that apply to your specific immigration status to avoid any misunderstandings or complications related to travel and residency.