Legal Services & Resources
Up to date legal information pertaining to Thai, American, & International Law.
Contact us: +66 2-266 3698
Is There A Re-Entry Permit For A K-1 Visa?
Transcript of the above video:
As the title of this video suggests, we are discussing, well we are posing the question “is there a re-entry permit or something akin to that for a K-1 visa?” For those who are unaware, it is possible for those who have lawful permanent residence in the United States to go ahead and obtain what is called a re-entry permit. This allows the bearer of said Re-Entry permit to leave the United States for up to two years without raising the presumption that that person has abandoned their residence in the United States.
For a K-1 though, there are similarities and differences, I should say. For a K-1 it's a Non-Immigrant Visa; the K-1 itself only confers 90 days of lawful status unless and until the parties to the K-1 get married and then file for adjustment of status to Lawful Permanent Residence in the United States. In that instance, once the adjustment is pending, that person is considered in lawful status during the pendency of the adjustment over to Lawful Permanent Residence or Green Card status. The question posed is can that person leave the United States? Well yes they can always leave, but if they do leave without residency attaching, without being approved for Lawful Permanent Residence, then that person will fall out of status completely. So essentially you have to start back from square one.
For this reason a lot of folks ask well is there something akin to a re-entry permit? Strictly speaking, there isn't a re-entry permit in the same way that there is for Lawful Permanent Residence of the United States but there is something called "advance parole". It is possible to obtain what is called an "advance parole" travel document which will preserve one's status, very akin to a re-entry permit I would say, but it will preserve one's status during the pendency of the processing of a Lawful Permanent Residence and allow that person to travel outside of America and continue that case and return to America without breaking their status effectively.
So in point of fact while it is not technically speaking a re-entry permit, there is a travel document that will allow someone who is utilizing a K-1 Visa in the United States to travel abroad but preserve their status while they are travelling abroad and returning to the United States.