International Travel for Permanent Residents or Green Card Holder
A permanent resident status can be acquired through a relative or employer, refugee status or asylum seekers, diversity visa lottery or through other programs. As a Permanent Resident of the United States you have right to stay and work in the US without a lot of documentations, and processing. Furthermore, you have the right to travel freely outside of the United States.
Nonetheless, as a permanent resident, you must secure and or protect your rights by following some important procedures such as by informing USCIS when moving, not spending too long outside the United States, and not becoming inadmissible or deportable. You must also bear in mind to renew your green card on time, or replace it if it’s lost.
Considering that as a green card holder, you were not born with the right to stay in the United States, and have not yet been naturalized, thus, you have to be law-abiding. There are laws or restrictions that apply to you which do not apply to US citizens.
One of these restrictions is maintaining a resident in the United States, and not spending too long outside the US. The fact that you became a permanent resident only proves or shows that you have the intention to live in the United States.
These restrictions however don’t dictate or state that you cannot go out of the US. As a permanent resident, you have the right to travel freely outside the US. What is normally needed is a passport from the country of citizenship. However, to reenter the US, you, the Permanent Resident has to present the green card (Permanent Resident Card, Form I-551) for readmission. It is a must also that a reentry permits is acquired or applied for reentry particularly for trips greater than one year but less than two years in duration.
In times like these, it is best that you, the permanent resident must convince the US government that you have all the intention to come back and continuously live in the US. One of which is to maintain a domicile in the US. Additionally, it is best to come back before 180 days have gone by, as this will decrease the risk of losing your green card. It is also advisable to apply for reentry permit prior to your trip outside the US. This shows that you have the intention to come back to the US.
You may be found to have abandoned your permanent resident status if you:
• Move to another country intending to live there permanently.
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Fail to file income tax returns while living outside of the US for any period.
• Declare yourself a “nonimmigrant” on your tax returns.
Tips to Secure your Green Card
1. Remember to inform USCIS when you move
2. Don’t spend too much time outside the US
3. Make sure not to become inadmissible, or deportable by following the US law
4. Maintain a domicile in the United States
5. If you want to travel, make sure to come back before 180 days have gone by
6. if you are sure that you cannot go back to the US in a year, you must apply for a reentry permit at the USCIS Nebraska Service Center at least 30 days before you intend to depart
You have to bear in mind that staying outside the United States for more than two years allowed by the reentry permit will jeopardize your immigration status. You will be questioned by the officials at the port of entry, unless you present valid proofs of why you did not return to the United States within the time expected. You have to convince the officer that you have a valid reason for not returning to the US. If in case the immigration officer is not convinced, you still have another chance to explain your case before the immigration judge at your hearing.
Thus, there are no hard and fast rules regarding length of time outside of the U.S. Never risk losing your green card or permanent residence status by negligence or by ignorance. Never take the risk of losing your right to become a US citizen, and starting the process all over again. Here at Siam Legal, our knowledge and experience will guide you to secure your permanent residence status.
