For Green Card holders in the United States, traveling abroad is common, but staying outside the country for extended periods can jeopardize their permanent resident status. Understanding the rules and restrictions surrounding long absences is crucial to maintaining your Green Card benefits and avoiding potential complications with U.S. immigration authorities.
Green Card holders are generally expected to maintain the United States as their primary residence. If you remain outside the U.S. for more than six months (180 days) but less than a year, you may face additional questioning upon reentry. Stays longer than a year without proper documentation, such as a Reentry Permit, could be seen as abandoning your residency.
The U.S. Customs and Border Protection (CBP) has the discretion to question the intention of long absences, even those shorter than a year. Green Card holders must prove their ties to the U.S., such as employment, property ownership, or family connections, to demonstrate they have not abandoned their permanent residency.
To avoid risks, follow these guidelines:
Absences longer than a year without a Reentry Permit may require you to apply for a Returning Resident Visa (SB-1) to regain entry. The process involves proving that your extended stay was beyond your control and that you did not intend to abandon your residency. However, this can be complex and does not guarantee success.
If immigration officials determine that you have abandoned your Green Card, you may lose your permanent resident status and face removal proceedings. Losing this status would require you to reapply for a Green Card through sponsorship or other immigration programs, which can be time-consuming and expensive.