Traveling Abroad with a U.S. Green Card
Are you wondering how long can you live outside the US without losing your green card?
As a U.S. green card holder, also known as a Lawful Permanent Resident (LPR), you are allowed to live and work in the United States permanently. However, if you plan to travel outside the U.S. for an extended period, you should be aware of the rules and regulations to maintain your permanent resident status.
According to U.S. immigration laws, you can remain outside the U.S. for up to one year without affecting your green card status. However, if you plan to remain outside the U.S. for more than one year, you may be considered to have abandoned your permanent resident status. Upon your return to the U.S., you may be denied entry and required to apply for a new green card.
This article provides detailed information about traveling and working abroad with a green card and how to avoid losing your permanent resident status in the U.S.
Who Can Travel Abroad with a U.S. Green Card?
U.S. green card holders can travel abroad if they meet specific legal requirements. A green card allows the holder to reside and work in the U.S. permanently and to travel outside the U.S. for short periods. However, suppose a green card holder plans to remain outside the U.S. for an extended period, such as more than one year. In that case, they must carry a valid reentry permit and proof of their ties to the U.S. to minimize the risk of losing their permanent resident status.
Green card holders must be aware of the continuous residency requirement for U.S. citizenship, which requires them to physically reside in the U.S. for at least half of the five years immediately preceding their naturalization application. Traveling outside the U.S. for extended periods can impact the ability to meet this requirement.
One exception is for U.S. government personnel, including military and direct-hire civil service employees and their dependents with LPR status. They may reside outside of the United States for an official assignment with an additional four-month grace period without losing their resident status.
Documentation for Traveling with a U.S. Green Card
When traveling with a U.S. green card, it is essential to carry proper documentation to ensure smooth reentry into the U.S. A green card holder should always carry their green card with them when traveling outside the U.S. If a green card holder plans to remain outside the U.S. for more than one year, they should also carry a re-entry permit, which can be obtained by filling out an Application for Travel Document (Form I-131) with U.S. Citizenship and Immigration Services (USCIS).
In addition to the green card and re-entry permit, it is recommended that green card holders carry a passport from their country of origin and any other relevant documentation. Green card holders may also choose to have a U.S. driver’s license or a foreign national I.D. while traveling. The U.S. Customs and Border Protection Officer at the point of entry will review all documents to determine re-entry eligibility.
Applying for a Re-entry Permit
Applying for a reentry permit is a crucial step for U.S. green card holders who plan to remain outside the U.S. for more than one year. A reentry permit is a formal recognition of the green card holder's intent to maintain their permanent resident status and return to the U.S.
To apply for a re-entry permit, the green card holder must file an Application for Travel Document (Form I-131) with the USCIS office. The application must be filed while the green card holder is still inside the U.S. The green card holder must provide evidence of their permanent resident status and their reason for traveling outside the U.S. for an extended period.
If approved, the reentry permit will be valid for two years or until the expiration of the green card, whichever comes first. It is important to note that a reentry permit does not guarantee admission to the U.S. upon return, as CBP officers will determine eligibility to reenter at the time of entry.
A reentry permit is typically valid for two years from the date of issuance. If a green card holder expects to be or finds themselves out of the country for more than two years, they can apply for a Returning Resident Visa (SB-1). This process can be done at the nearest U.S. Embassy or Consulate. Applicants for the SB-1 are required to complete a medical exam and show their eligibility for an immigrant visa.
Traveling with an Expiring Green Card
Traveling with an expiring U.S. green card can raise concerns for permanent residents as their ability to reenter the U.S. and maintain their permanent resident status may be impacted. If a green card holder plans to remain outside the U.S. for an extended period, it is recommended that they renew their green card before leaving the country.
However, suppose a green card holder must travel with an expiring green card. In that case, they should be prepared to show evidence of their permanent resident status, such as a valid reentry permit, and be able to prove their clear intention to return to the U.S. In such cases, it is also a good idea to carry proof of their ties to the U.S., such as a job offer or proof of property ownership.
In the scenario that a green card holder is outside of the U.S. and their green card will expire within six months, as long as they will return within one year of their departure, and before their card expires, they can file for a green card renewal as soon as they return.
The expiration of a green card does not necessarily result in the loss of permanent resident status. Still, it may cause the individual to face difficulties upon reentry into the U.S. If a green card holder is unsure about their travel plans or the status of their green card, it is recommended that they seek the advice of an immigration attorney or USCIS.
Multiple Entries with a U.S. Green Card
Any LPR can leave the U.S. any number of times they want and return as long as they don’t abandon their LPR status and have the correct reentry documents. However, extended trips outside the U.S. for more than six months can impact a green card holder's ability to maintain their permanent resident status and reenter the U.S.
To minimize the risk of losing permanent resident status, green card holders should carry a valid reentry permit (Form I-131) if they plan to remain outside the U.S. for more than one year. In addition, it is recommended that green card holders also carry evidence of their continued connection to the U.S., such as proof of a job offer or steady employment, the deed to a property, or a vehicle registration.
One way to ensure the maintenance of LPR status and continuing legally holding a U.S. green card is by proving that an absence from the United States was temporary.
Here are some general guidelines that green card holders can follow to show their intent to stay outside the U.S. for a temporary period:
- File U.S. tax returns as a U.S. resident
- Maintain an active bank account and a U.S. credit card
- Obtain a U.S. driver’s license
- Purchase a piece of real estate in the U.S.
- Obtain a letter from a U.S.-based employer that explains your work assignment abroad and clearly states you have continued or forthcoming employment in the U.S.
Maintaining Eligibility for U.S. Citizenship
Traveling abroad with a U.S. green card does not necessarily affect an individual's eligibility for U.S. citizenship, but it can impact their ability to maintain their permanent resident status. If a green card holder plans to remain outside the U.S. for an extended time, they must not abandon their permanent residency. This can be assured by carrying a valid reentry permit and showing proof of ties to the U.S.
To maintain eligibility for U.S. citizenship, green card holders must also satisfy the continuous residency requirement, which requires them to physically reside in the U.S. for at least half of the five years immediately preceding the submission of their naturalization application. Traveling outside the U.S. for long periods can impact the ability to meet this requirement.
There are two guidelines green card holders can follow to ensure they are not found to have abandoned their U.S. permanent resident status:
- Prove a continued intention to return to the U.S.
A green card holder is considered to have abandoned their permanent resident status from the moment they establish residence outside the U.S. Therefore, it is essential to maintain all documents to support intent to maintain permanent residence in the United States. Green card holders should be prepared to show these documents to border control officers upon reentry into the U.S.
Documents that prove intent of permanent residence could include a deed or mortgage payment on a property, club membership records, utility bills, vehicle registration, tax returns (filed as a resident), a U.S. driver's license, or proof of an active bank account.
- Ensure they do not remain outside the U.S. for a year or more (unless in the case of holding a valid reentry permit):
Those who do not apply and receive a reentry permit before leaving the U.S. must reenter the country within a year. Those with LPR status who spend more than a year outside of the U.S. could have their green card expire or be determined abandoned.
If a green card is deemed invalid while outside the U.S., the holder must apply for a Returning Resident Visa (also called a Boarding Authorization Letter or Returning Resident Visa) at the nearest U.S. Embassy or Consulate. They will need to prove, through supporting statements and documents, that they intend to maintain their U.S. residency and that their stay abroad unexpectedly lasted more than a year.
For those with LPR status to be eligible for U.S. citizenship, they must reside in the U.S. for at least five consecutive years or three consecutive years if they obtained their permanent residence through marriage to a U.S. citizen. If a green card holder stays abroad for more than a year, this requirement is reset. This is why traveling for extended periods is not advised if seeking U.S. citizenship as a permanent resident.
Working Abroad with a U.S. Green Card
One of the exceptions to the disruption of the residency rule for naturalization is when a resident works for a U.S. employer abroad. If you already have more than one year of U.S. physical presence after receiving your residency status, and you want to work abroad for a U.S. company, you might be allowed to file a USCIS Form N-470. Approval of this form serves to prevent disruption of your residency for purposes of qualifying to naturalize. You must show that the U.S. company is developing foreign trade and commerce.
FAQS For How Long Can You Live Outside the US Without Losing Your Green Card
How long can a green card holder remain outside the U.S.?
A green card holder can remain outside the U.S. for up to one year without impacting their permanent resident status. If they plan to remain outside the U.S. for more than one year, they may be considered to have abandoned their permanent resident status and may be denied entry upon their return to the U.S.
Is a re-entry permit required for green card holders traveling outside the U.S.?
A re-entry permit is not required for U.S. green card holders traveling outside the U.S. for less than one year. If a green card holder plans to remain outside the U.S. for more than one year, it is recommended that they apply for a re-entry permit to avoid the risk of losing their permanent resident status.
How does a U.S. green card holder apply for a re-entry permit?
A green card holder must file an Application for Travel Document (Form I-131) with the U.S. Citizenship and Immigration Services (USCIS) to apply for a re-entry permit. The application must be filed while the green card holder is still inside the U.S. before they leave the country.
Conclusion For How Long Can You Live Outside the US Without Losing Your Green Card
In conclusion, U.S. green card holders are allowed to travel abroad, but they must be aware of the regulations and requirements to maintain their permanent resident status. Green card holders can travel outside the U.S. for up to one year without affecting their status, but if they plan to remain outside the U.S. for more than one year, they must carry a valid re-entry permit and proof of their ties to the U.S. Applying for a re-entry permit before leaving the U.S. is crucial for green card holders who plan to remain outside the country for more than a year. It is also recommended that green card holders renew their green card before leaving the country if it is close to expiring. By following these guidelines, green card holders can travel abroad while minimizing the risk of losing their permanent resident status in the U.S.