A Korean lawful permanent resident was denied entry and detained at Atlanta Airport after trying to re-enter the United States with an expired re-entry permit, according to the Consulate General of the Republic of Korea in Atlanta.
Myeong-hwan Seong, consular police officer at the Atlanta Consulate, said this was the first such case since his appointment. The individual is being held at the Stewart Immigration Detention Center. How long the person had stayed abroad after the permit’s expiration was not disclosed.
Green Card holders who remain outside the United States for more than one year and less than two years must apply for a re-entry permit (Form I-131) before departure and return within its validity. The permit, valid for two years from issuance, certifies that the holder has not abandoned permanent residency. However, the consulate emphasized that a valid permit does not guarantee entry, as immigration officers make the final determination at the port of entry.
The consulate urged that those whose permits have expired, or who have lost or had their Green Cards stolen, verify their re-entry eligibility through the U.S. Embassy in Seoul before traveling to avoid detention or deportation complications.
Woonyong Kim, an immigration attorney based in Duluth, advised that individuals planning to stay abroad for more than six months should apply for a re-entry permit and ensure they return before it expires. Once the permit lapses, Green Card protections end, and the person may need to attend an immigration hearing to prove intent to maintain U.S. residency.
Processing times for re-entry permits often exceed one year, and USCIS (U.S. Citizenship and Immigration Services) may require fingerprint collection in person, making it advisable to remain in the United States until the process is complete.
Cases of entry denial for Green Card holders have been rising. Last October, a resident arriving through Atlanta Airport had a Green Card confiscated due to a prior criminal record and was deported after a court ruling in December.
