Navigating the complexities of U.S. immigration can be a daunting task, especially for Green Card holders planning extended stays outside the United States. Maintaining your lawful permanent resident status is crucial, and understanding the potential risks of prolonged absences is the first step to ensuring a hassle-free return to the U.S.
Holding a Green Card means you have been granted the right to live and work permanently in the United States. It’s a privilege that comes with responsibilities, one of which is to maintain your residency status. Extended travel outside the U.S. can raise red flags with immigration authorities, potentially leading to the abandonment of your Green Card. It’s imperative to know the rules and take the necessary steps to protect your status.
For those looking to apply for U.S. citizenship in the future, preserving your Green Card status is even more critical. Extended absences can disrupt your continuous residency, affecting your eligibility for naturalization. Thus, understanding how to navigate these situations is vital for any Green Card holder looking to secure their future in the United States.
Life is unpredictable, and various circumstances might necessitate a lengthy stay abroad. Whether it’s pursuing higher education, seizing a career opportunity, or attending to family matters, such instances require careful planning from an immigration standpoint.
Educational programs, in particular, often require students to stay overseas for more than six months, a duration that can trigger scrutiny from U.S. immigration authorities. Similarly, professional assignments can extend beyond the typical travel limits for Green Card holders, necessitating additional documentation to ensure a smooth return to the U.S.
Family emergencies or health issues are another common reason for extended stays abroad. In such cases, the urgency of the situation might leave little time for immigration planning, making it even more crucial to understand your options and the steps required to maintain your Green Card status.
By recognizing these scenarios and the potential immigration challenges they pose, Green Card holders can take proactive steps to safeguard their status, ensuring their ability to return to the U.S. and continue their journey towards long-term residency and potential citizenship.
In this guide, we’ll discuss the following topics to help you understand your options and plan your extended trip outside the U.S. as a Green Card holder.
Apply For a Reentry Permit
If you know before you travel that you will be staying outside of the United States for a significant amount of time, you may want to consider applying for a Reentry Permit before you go abroad to avoid abandoning your Green Card.
A Reentry Permit does not guarantee that you will not be considered to have abandoned your green card, but it can certainly help to show that your intent was not to abandon it and avoid such an issue at the time you apply for Naturalization.
A Reentry Permit allows a lawful permanent resident or conditional Green Card holder to return to the United States after a stay abroad for over a year without the need to obtain a retuning resident visa.
Sometimes circumstances arise where you may be required to remain outside of the United States for longer than six months such as for educational programs or career opportunities. In these cases, a Reentry Permit helps show the United States government that you did not intend to abandon living in the United States but rather wished to partake in the lengthier educational or work-related stay abroad.
Generally, a Reentry Permit is valid for a period of two years.
For Conditional Permanent Residents, the Reentry permit will generally be valid of a period of two years or the expiration date on the conditional resident card, whichever comes first.
You must be physically in the United States when the application is filed with the United States Citizenship and Immigration Services. There will be a fingerprint appointment that must be attended in order to process the application.
Nothing in immigration happens immediately, so planning ahead is vital. Sometimes the government is slow to make a decision on the application and can get delayed through circumstances such as COVID-19.
The government posts their processing times online here:
https://egov.uscis.gov/processing-times/
The estimated time range for the re-entry permit application is currently 1.5 to 5 months.
Generally, the lower number can be understood as their intended time frame and the higher number can be viewed as worst case scenario, after which time one may need to follow up with the government to see if they can get the decision issued.
The cost of the Reentry Permit varies by age, but for most people ages 14 through 79, the cost is currently $660.00. This includes the fee for the fingerprint appointment or biometrics service appointment.
Remember, a Reentry Permit is not a guarantee that you will not be considered to have abandoned your green card, but it can help.
For example, the government will still consider actions such as claiming yourself as a “nonimmigrant” on your U.S. tax returns or taking actions that look like you intend on living in the other country permanently rather than just staying for temporary purpose.
When a person stays outside of the United States for an extended period of time, the government looks at the reason for the trip, how long the person planned on being absent from the United States, other circumstance of the absence, and any other events that may have prolonged your absence.
Applying for a Reentry Permit before leaving the United States helps to show the purpose and intended temporary nature of the time spent abroad.
It is best to speak to an Immigration lawyer before traveling outside of the United States for 6 months or longer to ensure that you are prepared and able to return to the United States after your time abroad.
Apply for a Returning Resident Visa
What happens if a Lawful Permanent Resident was not planning on being outside of the United States for a long period of time, but due to circumstances beyond their control end up staying outside of the United States for over a year?
In this case, there is a special visa called a Returning Resident Visa that allows a green card holder that has stayed outside of the United States for over a year to return to the United States as a returning resident (continued green card holder) and avoid a finding by the U.S. government that they have abandoned their green card.
In other words, before they travel back to the United States, they can get this Visa which indicates to the U.S. government officers greeting them upon their return that this individual has not abandoned their green card despite their long stay abroad.
Anyone applying for a Returning Resident Visa should plan ahead and do so at least three months before they intend to return to the United States because it can take that much time to process the application through the U.S. Consulate or Embassy located Abroad.
A Returning Resident Visa is also called an SB-1 Visa and involves contacting the nearest U.S. Consulate or Embassy abroad to apply. The applicant will need to complete a DS-117 Form asking for Returning Resident Status and submit supporting documents such as proof of their ties to the United States and evidence of why they their long stay outside of the United States was not planned and beyond their control.
Each U.S. Consulate or Embassy will have instructions specific to their office on how to submit their application and schedule an interview.
If a person’s application for Returning Resident Status is approved, then it is likely that they will be scheduled for a second interview for the actual visa for which they will need to complete a second application called a DS-260 application. They will have to obtain a medical exam as well.
This is a bit of a lengthy process that one should try to avoid by not staying outside of the United States for over a year, but if circumstances do not allow for that, this is a way to return to the United States and proactively avoid a finding of abandonment of the green card.
COVID-19 is certainly one reason why people may find themselves stuck outside of the United States for longer than expected. Currently, the government has not changed the Returning Resident Requirement for individuals to maintain their lawful permanent resident status after a year abroad despite the COVID-19 pandemic.
Maintaining Green Card Status: Final Advice for Extended Travel
Navigating the waters of U.S. immigration as a Green Card holder planning an extended stay abroad can be challenging, but it’s crucial for maintaining your lawful permanent resident status. Throughout this guide, we’ve explored the essential topics, from understanding the importance of keeping your Green Card active to the options of applying for Reentry Permits and Returning Resident Visas.
Remember, safeguarding your status is about being proactive and well-informed. Whether you are pursuing educational opportunities, expanding your professional horizons, or dealing with personal matters, knowing your options and preparing in advance can make a world of difference.
The journey of a Green Card holder is unique and filled with opportunities. By taking the right steps to protect your resident status, you ensure that your ability to live and work in the U.S. remains secure, paving the way for a smooth transition back to the country when your extended stay comes to an end. And remember, it’s always a good idea to talk to an immigration attorney if you have questions or need help with your plans; they’re there to guide you and make sure everything goes smoothly.