If you reside in the United States and have a green card, you are known as a legal permanent resident (LPR). While that sounds like it may bestow you free rights to move about the globe as you see fit, an LPR may still have to abide by certain travel restrictions in order to keep their status in good standing. While there are rules in place, there are also exceptions to every rule – so it is important you understand your green card travel restrictions if you plan to leave the United States for any length of time.
This blog will assist you in understanding all the current laws and rules which apply to this scenario, but immigration law can be complex (and is ever-evolving.) Therefore it is likely in your best interest to speak with a Sarasota or Tampa immigration attorney before you leave in order to ensure an easy re-entry into the country.
Green Card Travel Restrictions – Know the Basics
Green card holders will be required to have a passport from their country of origin or a refugee travel document in order to travel outside of the United States. Once you leave our soil, other countries will have their own requirements for your passage and entry. When you return to the U.S, your valid green card (also known as a Form I-551) should allow you to enter.
If you are an LPR, the assumption is that you have decided to make the United States your permanent residence. If USCIS agents suspect or determine thatr this is not your intention and that you are planning on living elsewhere – while enjoying LPR Status on AMerican soil – you may very well lose your green card. Those looking to reside permanently somewhere will likely want to actually be there on a regular basis. Therefore, any travel outside the U.S. which extends beyond one year is considered suspect and worthy of further investigation. Because there is no hard and fast rule to this time frame, you may be investigated (or not) even if the time frame is more or less than 12 months.
If your travel is expected to have you out of the country for more than a year, you can apply for a reentry permit before you leave the country. There is never a 100% guarantee that you will be allowed to reenter upon your return, but it does help to establish intent and transparency. If special circumstances require you to be outside of the U.S. for more than two years, the USCIS recommends that you apply for an SB-1 at your embassy or consulate. The Retruning Resident Visa will require a medical exam and you will have to reestablish eligibility for your green card.
How Can The USCIS Determine Intent?
If you are outside the United States for an extended period of time, this fact does not cause a revocation on its own. Agents will consider other factors which can help them to determine where you actually plan on residing full time, such as :
- If you have strong family and community ties in the U.S, such as a spouse or children, it is more likely overall that you are opting to live here officially.
- An official mailing address, especially tied to where your close family lives, is considered a mark in your favor. A state-issued driver’s license indicating that address is a strong indicator of your intent.
- If you have filed a U.S. tax returns as a resident in the past, this is considered evidence of your desire to be a legal resident.
- Property or business owners are contributing actively in their communities, and both of these factors show sincere intent to live here permanently.
- Those who have applied for full US naturalization and citizenship may be given leniency if they still travel often.
Remember: If you are a green card holder but continually leave the country, it may be assumed that you do not intend to be a resident; but that you are simply interested in obtaining any benefit the United States may offer without being a permanent resident in fact.
To avoid unexpected problems associated with resident visas and reentry after travel, contact an experienced immigration attorney to learn about your rights and responsibilities. Travel should not scare you, but you should also be smart about it and understand how different travel plans may affect your status. Call Probinsky & Cole today – we are here to help with all your immigration concerns and questions.
