As a green card holder, you are required to spend a majority of your time living in the United States. However, the U.S. government realizes there are valid reasons you may need to be outside the country temporarily. Generally, green card holders can be outside the U.S. for up to 6 months at a time without putting their permanent resident status at risk. But what happens if you need to stay abroad for longer? This article will explain the consequences and risks of remaining outside the U.S. for more than 6 months with a green card.
6 Month Requirement for Green Card Holders
Green card holders are expected to make the U.S. their permanent home. When you obtained your green card, you had to prove to U.S. Citizenship and Immigration Services (USCIS) that you intended to reside permanently in the United States. As a lawful permanent resident (LPR), you enjoy extensive rights in the U.S. including authorization to live, work, own property, attend school, and more. But these rights come with responsibilities as well.
One key requirement is that LPRs must be physically present in the United States. Immigration law does not specify exactly how much time green card holders need to spend in the country. However, a general guideline used by USCIS is that LPRs should not be absent for longer than 6 months at a time.
If you anticipate being outside the U.S. for more than 6 months, it is recommended to first apply for a re-entry permit. This permit allows LPRs to be abroad for up to 2 years without impacting your green card status. Re-entry permits are granted at the discretion of USCIS.
Consequences of Remaining Abroad Too Long
What happens if you stay abroad for more than 6 months without a re-entry permit? Unfortunately, remaining outside the U.S. for lengthy periods can jeopardize your permanent resident status. Some potential consequences include:
Your green card could be revoked
If immigration officials believe you have abandoned your U.S. permanent residence, they may revoke your green card. Some factors that could lead to a revocation are:
– Remaining abroad for over 1 year without a re-entry permit
– Moving your home and job overseas
– Travel patterns that indicate you are living outside the U.S.
– Declarations you make about living abroad permanently
Once your green card is revoked, you lose all privileges of being a lawful permanent resident.
You may be denied re-entry to the U.S.
When you return from extended foreign travel without a re-entry permit, you must go through immigration inspection at the border. The officer will review your time abroad and may deny you re-entry if they do not believe you still live in the U.S. If denied, you can pursue additional administrative options to overcome inadmissibility. But this is a difficult and uncertain process.
You may be found to have abandoned residence
Even if not originally denied re-entry, immigration authorities may still initiate removal proceedings against you for abandoning your U.S. residence. You would have the burden of proving you did not abandon your green card during your long absence abroad.
Naturalization application could be denied
Green card holders who want to apply for U.S. citizenship must meet continuous residence requirements. Staying outside the U.S. for more than 6 months can disrupt the residency timeline. This could negatively impact your naturalization application.
Difficulty retaining employment or re-entry to school
Remaining abroad for lengthy periods can cause problems with maintaining your job, school enrollment, housing arrangements, and other aspects of your life in the U.S. These issues could raise questions about your permanent resident status as well.
Exceptions to the 6 Month Requirement
There are some scenarios where you may stay abroad for over 6 months without necessarily impacting your green card:
Study abroad programs
Many U.S. undergraduate and graduate programs include study abroad opportunities. These are usually temporary assignments outside the country that do not indicate abandonment of U.S. residence. However, immigration officials may want proof of continued ties to the U.S. like financial accounts, paying taxes, etc.
Non-military government employees
Green card holders who are government workers posted abroad for an assignment may be able to extend their time overseas past 6 months. This applies to non-military positions. You will need to provide documentation about the job and temporary foreign posting.
Military service members
Active duty military service members and their families do not need to maintain U.S. residence while serving abroad. Once military service ends, regular green card rules apply.
Temporary visa holders
In some cases, green card holders who are living abroad on a temporary visa like a work permit or student visa may be able to stay for longer periods. USCIS will look at the entire situation to determine if you are still permanent U.S. residents.
Waiver
For absences beyond 2 years, green card holders may file a waiver application to overcome inadmissibility when returning to the U.S. Waivers are complex and must prove denying your re-entry would cause extreme hardship.
Steps to Protect Your Green Card if Moving Overseas
Green card holders who must relocate abroad for more than 6 months should take proactive steps:
Apply for a re-entry permit
Re-entry permits allow up to 2 years abroad without impacting your green card. File a Form I-131 application with evidence about your need to live overseas. Allow plenty of processing time as re-entry permits can take several months for approval.
Maintain ties to the U.S.
To demonstrate you are still a permanent resident, keep financial accounts in the U.S., pay U.S. taxes, and visit regularly if possible. Keeping a residence in the U.S. is also recommended.
Travel with key documents
When returning to the U.S., always travel with your green card and re-entry permit or other evidence why you lived abroad over 6 months.
Consult an immigration attorney
Speak with an experienced immigration lawyer when planning lengthy trips or relocating abroad. An attorney can help safeguard your green card and permanent resident status.
Conclusion
Green card holders are expected to reside permanently in the United States. Staying abroad for over 6 months without the proper permission can put your lawful permanent resident status at risk. If you must live outside the U.S for an extended time, take proactive measures like obtaining a re-entry permit, maintaining U.S. ties, and consulting an immigration lawyer. With proper planning, you can avoid complications and preserve your green card privileges.