If you are a U.S. permanent resident (green card holder) who spends extended time outside the United States, you could be putting your status at risk. More than ever, U.S. Customs and Border Protection (CBP) officers are scrutinizing green card holders upon reentry, questioning them about prolonged absences. Understanding the regulations governing permanent residency is crucial to avoid complications or, worse, losing your status altogether.
What the Law Says About Extended Travel
U.S. immigration law requires permanent residents to maintain their primary residence in the United States. While a green card allows for international travel, absences beyond certain timeframes may trigger red flags:
Absences of More Than 6 Months (180 Days) – Under 8 U.S.C. § 1101(a)(13)(C)(ii), if a permanent resident is absent for more than six months but less than one year, CBP officers may question whether they abandoned their residency. The burden falls on the traveler to prove they did not intend to relinquish their status.
Absences of One Year or More – Under 8 C.F.R. § 211.1(a)(2), a green card holder who remains outside the U.S. for one year or more without obtaining a reentry permit is generally considered to have abandoned their residency and may be denied entry. A returning resident visa or other legal action may be necessary to reestablish status.
Frequent or Repeated Travel – Even if individual trips are under six months, CBP may still question the nature of travel and determine whether a green card holder has truly maintained residence in the U.S.
How to Protect Your Status
Limit International Absences – Avoid staying outside the U.S. for extended periods unless necessary.
Maintain Strong Ties to the U.S. – Keep a U.S. address, file U.S. tax returns as a resident, maintain a U.S. bank account, and retain a valid driver’s license.
Obtain a Reentry Permit – If extended travel is unavoidable, apply for a reentry permit before leaving. This document helps demonstrate your intent to return and can allow absences of up to two years.
Seek Legal Guidance – If you have spent significant time abroad or anticipate an extended absence, schedule a consultation so we can discuss how to safeguard your status.
U.S. permanent residency is not just a travel document—it requires maintaining a real, physical presence in the country. If you have concerns about your travel history or upcoming plans, contact our firm today to ensure your green card remains secure.
Comentários