Guide for Green Card Holders Traveling Outside the United States

Many lawful conditional or permanent residents of the United States, commonly known as green card holders, wonder about the rule of international travel: Can I travel freely? How long can I stay abroad without risking my permanent resident status? This article addresses these important questions and offers guidance to help green card holders handle international travel issues with more confidence.

Maintaining permanent resident status

Generally speaking, permanent residency will not be deemed abandoned if a visit abroad is temporary. The term “temporary” is a highly fact-dependent determination that cannot simply measured by the lapse of time alone. See United States ex rel. Polymeris v. Trudell, 49 F.2d 730 (2d Cir. 1931). Rather, the officer will evaluate whether the visit abroad can be expected to terminate within a relatively short period of time and whether the termination date can be fixed by some early event. See Matter of Huang, 19 I&N Dec. 749 (BIA 1988); Matter of Kane, 15 I&N Dec. 258 (BIA 1975). In addition, officers will also look at the intent and the frequency of visits to determine if the green card holder intends to maintain residency in the United States.

Short Trips (Less Than Six Months): Green card holders returning from brief trips less than six months generally face no scrutiny. It is still advisable to have evidence of U.S. residency, such as maintaining a U.S. address, paying taxes, and keeping U.S. bank accounts.

Moderate-Length Trips (Six Months to One Year). For trips lasting between six months and a year, entry should generally be fine, though green card holders might be questioned about their intent to live permanently in the United States. CBP officers may look for evidence that the person’s primary residence is still in the United States, such as the driver’s license, property leases or mortgage documents, bank statements, and tax records showing ongoing financial ties to the United States.

Long Trips (More Than One Year). Trips lasting over a year are generally discouraged for green card holders. Being absent from the United States for such a long time may create an assumption that the green card holder no longer intends to reside in the United States, and therefore risks the permanent resident status.

For those planning to be abroad for over a year, it is advisable to apply for a Re-entry Permit using Form I-131 before departure. A re-entry permit allows a permanent or conditional permanent resident to seek reentry into the United States within the permit’s validity period, without needing a returning resident visa from a U.S. Embassy or Consulate abroad.

Please note that the mere possession of a reentry permit does not guarantee your admission. It only indicates your intention to return and remain a U.S. resident. You still need to demonstrate you are admissible at the port of entry. A re-entry permit is valid for two years and is not renewable, and it must be applied when the applicant is present in the United States before departure.

Extended Trips (More Than Two Years). If you plan to be outside the United States for two years, your reentry permit will no longer be valid upon return. In this case, therefore, you may need to apply for a Returning Resident Visa (SB-1) through a U.S. embassy or consulate. This visa application requires evidence that the extended stay was due to circumstances beyond their control and that they always intended to return to the U.S.

Frequent Travel Patterns

Some green card holders frequently travel, with each trip lasting less than a year. While this arrangement is technically allowed since green card holders may leave the United States multiple times and reenter, such repeated trips abroad may raise questions if they indicate a pattern of leaving the United States without the intent to maintain primary residence. Thus, it is likely that green card holders could receive heightened scrutiny from the border officer as frequent or prolonged travel could raise questions about intent to permanently reside in the United States. Thus, it is always advisable that frequent travelers should ensure that each trip outside the United States is temporary and that they have ample evidence to show ongoing residency.

It’s essential for green card holders to maintain evidence of ties to the U.S., especially if they travel frequently or for extended periods. Steps to demonstrate intent to reside permanently in the U.S. include, but not limited to,

• Financial Ties: Keep a U.S. bank account active, continue paying U.S. taxes as a resident, and maintain a valid U.S. driver’s license.

• Residential Ties: Maintain a primary residence in the U.S., either by owning property, leasing, or cohabitating with family members who reside in the country.

• Family and Social Connections: Having immediate family in the U.S., being involved in U.S.-based activities, and holding memberships in U.S. organizations can all reinforce ties.

• Employment or Education: Having ongoing employment in the U.S. or actively attending a U.S.-based educational institution can strengthen residency ties.

Consideration for naturalization

Besides the concern of maintenance of status, green card holders should also consider the continuous residence requirement as that is one of the crucial requirements for naturalization. Green card holders intending to apply for naturalization should be mindful of the continuous residence requirement and ensure that no breaks in continuous residence complicate the process.

If a trip is more than 6 months but less than 1 year during the period for which continuous residence is required, such an absence is presumed to break the continuity of such residence unless evidence proves otherwise. Specifically, green card holders may overcome the presumption by presenting evidence showing that their residence remained uninterrupted by showing that

• They did not end their employment in the United States or take up work abroad;

• Their immediate family stayed in the United States; and

• They maintained full access to or continued owning or leasing a residence in the United States.

If a trip lasts more than a year during the period for which continuous residence is required will automatically break the continuity, unless green card holders have an approved Form N-470, Application to Presence Residence for Naturalization Purposes. 

Conclusion
Generally speaking, green card holders have the flexibility to travel abroad. However, the length and frequency of travel could potentially impact the residency status. To maintain a green card, a holder must show that they intend to live permanently in the United States. Extended stays abroad may raise questions about this intent, potentially jeopardizing their status, and also causing problems in the later naturalization process. Therefore, green card holders must carefully plan their travel well in advance with considerations in mind. Below is a summary of this guide:

• Trip Under Six Months: No issues with re-entry.

• Trip Lasts Six Months to One Year: Potential for questions; keep evidence of U.S. residency.

• Trip More than One Year: Obtain a Reentry Permit before leaving, or risk needing an SB-1 visa.

• Frequent Travel: Maintain solid ties to the U.S. to avoid scrutiny.