Green Card holders should be cautious while venturing internationally with the short trip is extended stays over six months give rise to questions regarding the residency status of the person in the U.S. Immigration experts state that complications may arise even for trips less than a year if one’s intent is unclear with respect to living permanently in the U.S.
What is a Green Card?
The Green Card is considered the official Permanent Resident Card for granting the right to live anywhere in the US and to work indefinitely within it. This card needs to be renewed at every ten years along with all rights and privileges most American citizens enjoy to full citizenship in the US.
What Re-entry Documents Required to the U.S.
Permanent residents who travel abroad must carry with them an unexpired Green Card (Form I-551) for entering the U.S. port. The Customs and Border Protection officers check for other documents such as a valid passport, national ID card or U.S. driver’s license for verification of identity and admissibility.
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What Factors Considered by U.S. Border Officers?
Possessing a Green Card does not guarantee smooth re-entry. The CBP and USCIS assess whether you genuinely maintain the U.S. as a permanent home. Factors they consider include:
- Was the international trip temporary or indefinite?
- Do you maintain family or community connections in the U.S.?
- Is your U.S.-based employment still active?
- Have you filed U.S. taxes as a resident?
- Do you keep a U.S. address, bank account or driver’s license?
- Do you own property or operate a business in the United States?
- Extended stays abroad may raise suspicions about residency intentions, if your trip lasted over six months.
What are important Reminders for Green Card Holders?
Short trips outside the country do not usually create problems and absences between six and twelve months tend to raise questions about continuing residency status. With any absence over one year almost always requires a re-entry permit (Form I-131) to show that you had no intention of abandoning U.S. residency.
What if You Lose Your Card While Abroad?
The misplace of your Green Card or re-entry permit while traveling overseas, but there is a way out. Have to fill up the Form I-131A to seek a travel document that enables airlines to board your U.S.-bound flight and this document is critical for maintaining your status as a lawful permanent resident in transit.
What is the United States Citizenship & Immigration Services (USCIS)?
USCIS is the federal agency responsible for immigration into the United States, and it serves as a central point for administering matters regarding entry and settlement in the country including Green Card processes, issuance of re-entry permits and citizenship applications.
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Disclaimer: This article provides general guidance and does not constitute legal advice and consult an immigration attorney for case specific concerns or travel risks.
