Lawful permanent residency (LPR) status allows a foreigner to stay in the United States indefinitely. However, acquiring a U.S. green card does not guarantee re-entry into the country. The U.S. courts have maintained that every time a permanent resident seeks to return to the U.S. after traveling overseas, they will be questioned by an immigration officer at the port of entry about whether their LPR status has been abandoned. That is why it is essential for lawful permanent residents to evaluate their immigration status before making plans to visit family or friends outside of the U.S.
How Long Can An Immigrant Be Absent from the U.S
Exiting the U.S. for less than six months is usually not a problem. An absence of six to twelve months prompts heightened scrutiny by the United States Citizenship and Immigration Services (USCIS) agency. An absence of over twelve months raises suspicions that an LPR status was completely abandoned. Anyone planning to live abroad for more than six months must be prepared to provide evidence that they plan to live in the U.S. permanently.
Temporary absences of any length will be generally excused if it will end on a certain date or when a certain event takes place. For example:
- An Absence concludes on a specific date
- Temporary placement abroad by the company you work for
- Sabbatical
- “Worldwide travel”
- Absence ends when a particular event takes place
- Travel to care for a sick relative
- Travel to liquidate assets overseas
- Travel for a research project with a clear objective
What Proof of Intent To Remain in the U.S. Permanently is Acceptable by USCIS
Once again, USCIS will look at the “totality of circumstances.” Many LPR beneficiaries believe that simply owning property in the U.S. and visiting once a year will help maintain their lawful immigration status. That is not the case as many of those people work and have a home in another country. Those people may be seen to have abandoned their LPR status.
Take note that every piece of evidence counts. USCIS will consider the following:
- Family ties in the U.S
- Property
- Assets in the U.S.
- U.S. bank accounts
- Professional affiliations or club memberships
- Tax Returns filed as an LPR
- Frequency of travel abroad
- Social ties to another country along with
- Any other evidence of intent to live in the U.S
Is It Possible to Pre-Apply for Reentry Once You Know You Will Be Outside of the U.S Long Term
Yes, there is a possibility that you can pre-apply for a “Reentry Permit” known as a Form I-131 by mail through USCIS. Once you intend to be overseas for an indefinite period, the Reentry permit will avoid difficult questions at the border or port of entry when entering the U.S. The application for the permit must be carefully documented and must have clear proof of a return date. Be mindful that you might be interrogated at the airport about your long-term intent to live in the U.S. even if you have a reentry permit.
All Other Concerns Ask an Immigration Law Expert
Having a U.S. green card may provide peace of mind while living and working in the U.S. It is important to know what could cause you to lose your green card. If you have any questions feel free to call The Gambacorta Law Office at 847 443 9303 for advice.