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Becoming a Lawful Permanent Resident of the United States can be a lengthy and challenging journey for many foreign nationals. That is why it can be painful for a foreign national to lose their LPR status after being deemed to have abandoned their Green Card. This can happen if an LPR lives outside the U.S. for more than six months without first taking steps to safeguard their status.
Some LPRs mistakenly believe they can live outside the U.S. if they return for a visit every six months. While it is true that some do safely return to the U.S. even after spending over a year away, many are not so lucky. Customs and Border Patrol officers have the discretion to allow LPRs into the U.S. after a lengthy time abroad, but it is a risky step to take, since it will ultimately depend on the officer they get.
What You Should Know About Living Outside the U.S. as a Green Card Holder
It is critical to understand that if you are a Lawful Permanent Resident, you are not supposed to stay outside the U.S. for more than a year without a valid Reentry Permit. Otherwise, when you attempt to reenter the U.S, a CBP officer may review your entries and exits and recognize you have been living outside the U.S. The officer may then determine that you have abandoned your LPR status and revoke your Green Card.
The biggest risk that can happen if you stay outside the U.S. for more than one year is that you may one day find yourself in deportation proceedings. This can mainly occur if you attempt to apply for citizenship and are found to have abandoned your Green Card because you lived abroad for more than a year without obtaining a reentry permit.
How to Avoid Abandoning Your Green Card
Apply for a Re-entry Permit
If you plan to stay outside the U.S. for more than a year and you do not want to risk abandoning your Green Card, your best option is to obtain a Reentry Permit prior to leaving the U.S. You can do so by filing Form I-131, Application for Travel Document. The key is to give yourself ample time to plan before you leave the U.S.
Maintain ties to the U.S.
You can do so by filing annual taxes, maintaining a U.S. residential address, continuing to work with your employer or taking only a temporary leave of absence, and other steps that show you haven’t abandoned your ties to the U.S.
Obtain U.S. citizenship status
Foreign nationals who gained their permanent resident status through marriage can file to become U.S. citizenship in three years. Those who gained residency through family or an employer can become citizens in five years. If you are an LPR who plans to stay outside the U.S. for an extensive time, and you are eligible to apply for citizenship, it is best to take action as soon as possible. As a U.S. citizen, you can remain outside the country for as long as you like without fear of abandoning your status.
What You Can Do If You Lose, or May Lose, Your Green Card
- Apply for an immigrant visa to obtain a new Green Card
- File a Returning Resident visa application (SB-1) at a U.S. consulate or embassy, explaining how your stay outside the U.S. was beyond your control
- Present your case before a U.S. immigration judge and make a strong argument explaining how you unintentionally came to spend more than a year outside the U.S.
If you plan to live abroad for more than a year and want to ensure you do not lose your LPR status, or if you have questions regarding another immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
