Absence from the U.S.: Permanent Residence: Scholars: Office of International Services: Indiana University (2024)

FAQs

How long can a permanent resident stay out of the US? ›

Posted by Frank Gogol in Immigrants | Updated on May 26, 2023. At a Glance: Green card holders can stay outside of the United States for as long as they want, as long as they avoid being seen as having abandoned their lawful permanent resident (LPR) status.

U.S. immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the United States for more than one year may result in a loss of Lawful Permanent Resident status.

Abandoning your Permanent Resident Card/green card and status does not affect your ability to apply to immigrate to the United States in the future. However, you will have to follow a new USCIS petition and visa application process.

If your Permanent Resident card has been lost or stolen or is mutilated, you will need a Boarding Foil from the U.S. Embassy. You can review the process for Legal Permanent Residents to obtain a Boarding Foil by visiting the “Information for Legal Permanent Residents” page at the Embassy website.

Even if you have a green card, you cannot maintain your permanent resident status if you live outside the United States indefinitely and return only for visits. Extended absences will eventually lead port-of-entry staff to question whether you have abandoned your permanent residence.

Having your permanent residence revoked is uncommon but not impossible. Most people who are losing their residence do so for one of three reasons: fraud, crimes, or abandonment.

The new immigration registry bill would replace the 1972 cutoff date with a rolling eligibility, allowing individuals to apply for registry after living continuously in the United States for at least seven years and meeting certain admissibility requirements.

If you are abroad for 6 months or more per year, you risk “abandoning” your green card. This is especially true after multiple prolonged absences or after a prior warning by a CBP officer at the airport.

An applicant applying for naturalization under INA 316, which requires 5 years of continuous residence, must then wait at least 4 years and 1 day after returning to the United States (whenever 364 days or less of the absence remains within the statutory period), to have the requisite continuous residence to apply for ...

If you surrender or abandon your green card, you cannot undo your choice. Without a green card, you usually need to file a visa application to travel to the United States. If you are a citizen of certain countries, you can travel without a visa under the Visa Waiver Program.

How can I avoid abandonment of my green card? ›

One way to proactively avoid issues with green card abandonment is to apply for and obtain a reentry permit. Unlike a green card, which is valid for return after an absence of up to one year, the reentry permit is valid for up to two years.

Although some Permanent Resident Cards, commonly known as Green Cards, contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. It is important to keep your card up-to-date.

As a general rule, permanent residents should avoid any trips abroad of 6 months or longer. If you travel for over 6 months (but less than a year) at one time, USCIS will automatically presume that you've broken your continuous residence requirement for the purposes of naturalization.

To replace a lost, stolen, or damaged green card, you need to fill out Form I-90 (officially called the “Application to Replace Permanent Resident Card”), provide supporting documentation, and, if required, pay a filing fee.

Investors can get green cards if they put enough money into U.S. businesses. Foreign nationals who invest at least $1,000,000 into a new business or $500,000 into a business in one of the targeted employment areas can then apply for their green card.

Committing crime within five years of getting US naturalization or 10 years of getting a green card. Having more than two convictions while living in the US. Having a conviction for an aggravated felony while living in the US.

If you are a lawful permanent resident (green card holder), you may leave the United States multiple times and reenter, if you do not intend to stay outside the United States for 1 year or more.

Can I cancel my spouse's conditional green card? This question has a two-fold answer. The U.S. citizen spouse can cancel or withdraw their I-130 (petitioning for you) but they cannot cancel your I-485.

Can immigration officer take your green card? ›

If the Customs and Border Protection (CBP) officer believes you do not intend to continue living permanently in the United States, they could revoke your status as a permanent resident.

Form I-192 is an application for a specific type of waiver used by people wishing obtain such forgiveness and enter the U.S. on a temporary, nonimmigrant basis. (It's of no use to anyone applying for an immigrant visa, otherwise known as lawful permanent residence or a green card.)

"Individuals who remain in the U.S. without authorization for more than 12 months and then depart are barred from re-entering through any legal channel for at least 10 years."

It doesn't matter the length of time in the U.S., how established they are, or whether they have dependent children who are U.S. citizens. Whether they are legal permanent residents, have a green card, visa, or have been granted asylum, they'll be deported if they commit any crime in the “Deportable Crimes” categories.

It's important to remember to hand in your paper I-94 when leaving the United States, since that's how the U.S. government will track your departure and know that you left the country before your visa expired. You'll use information from your I-94 travel record for many immigration purposes.

Citizens: You only have to answer questions establishing your identity and citizenship (in addition to customs-related questions). Refusal to answer other questions may cause delay, but officials may not deny you entry into the U.S. if you have established your identity and citizenship.

It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e). If you cannot return home for two years, you must apply for a waiver.

In general, you may qualify for naturalization if you are at least 18 years old and have been a permanent resident for at least 5 years (or 3 years if you are married to a U.S. citizen) and meet all other eligibility requirements.

To determine your 90-day early filing date, begin by identifying your 5-year or 3-year date as a lawful permanent resident. For example, if the date on your Permanent Resident Card says “July 4, 2017,” you met the 5-year permanent resident requirement on July 4, 2022.

Visits must be 90 days or less, and travelers must meet all requirements.

How long does it take to reinstate a green card? ›

Green Card Renewal Processing Time

Once U.S. Citizenship and Immigration Services (USCIS) receives your renewal form, you can expect to wait 1.5–12 months for it to be processed.

The Immigration Law allows the immigration agencies in the Department of Homeland Security and the Department of Justice to “revoke or rescind” a green card, within 5 years of the date it was issued, if it the person was ineligible for the Green Card at the time it was issued.

Your green card (lawful permanent resident status) may be rescinded within 5 years of adjusting status (being granted U.S. permanent residency status), if it appears that you were ineligible for a green card.

While the normal limit is a year, you can stay longer and still preserve your US citizen if you are a military service member, Government employee, or meet any other criteria discussed above i.e., work for a US multinational or you proactively preserve residence.

When you renounce your U.S. citizenship or decide to give up your Green Card, you need to tie up loose ends with the IRS by ensuring you're all paid up on your U.S. taxes. For some, that means being charged an exit tax on your income in your last year of citizenship or residency.

Lawful permanent residents (LPRs), also known as “green card” holders, are non-citizens who are lawfully authorized to live permanently within the United States.

Lawful permanent residents must continue to present a valid Permanent Resident Card. A passport is not required.

A 2-year green card cannot be renewed. Lawful permanent residents with a 10-year green card use Form I-90, Application to Replace Permanent Resident Card, when it's time to renew a green card.

U.S. immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the United States for more than one year may result in a loss of Lawful Permanent Resident status.

3 Years of Continuous Residence. The spouse of a U.S. citizen residing in the United States must have continuously resided in the United States as an LPR for at least 3 years immediately preceding the date of the filing the application and up to the time of the Oath of Allegiance.

Can green card holder be deported? ›

Even someone with a green card (lawful permanent residence) can, upon committing certain acts or crimes, become deportable from the United States and removed. By Ilona Bray, J.D. U.S. law contains a long list of grounds upon which non-citizens or immigrants may be deported (removed) back to their country of origin.

Once you get your physical green card, your Alien Registration Number (labeled “USCIS#”) will be on both the front and the back of the card.

While there are many ways to obtain a green card, some paths are quicker than others. The quickest route to a green card is through the annual green card lottery, but your chances of winning are slim (about 4% according to recent estimates).

Does buying a property in the USA give you residency? Purchasing American homes doesn't automatically put you on your path to citizenship. But there are other ways to earn permanent residency in the United States if you are a foreign national or an immigrant.

Your Residency Status

Lawful permanent residents must bring their green cards with them when they go in to purchase a gun. For those with a non-immigrant visa, many additional conditions must be met, including: You must have been in the United States for at least 90 days.

If you intend to stay outside the United States for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the United States.

Generally, you can stay outside the U.S. for up to one year. If you have been issued a Re-Entry Permit, which applicants must apply for while in the U.S., you can stay outside the United States as long as your Re-Entry Permit has not expired.

If you stay outside of the United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status. If this happens, you may be referred to appear before an immigration judge to decide whether or not you have abandoned your status.

The statutory period preceding the filing of the application is calculated from the date of filing. Once 4 years and 1 day have elapsed from the date of the applicant's return to the United States, the period of absence from the United States that occurred within the past 5 years is now less than 1 year.

Four Years and One Day Rule

An applicant who is subject to the 3-year continuous residence requirement may apply 2 years and 1 day after returning to the United States to resume permanent residence. This is known as the “four years and one day” rule and is described in 8 CFR §316.5(c)(1)(ii).

Can a U.S. citizen be denied entry back into the USA? ›

Citizens: You only have to answer questions establishing your identity and citizenship (in addition to customs-related questions). Refusal to answer other questions may cause delay, but officials may not deny you entry into the U.S. if you have established your identity and citizenship.

Let's say you apply for naturalization (U.S Citizenship) under INA 316, leave the US on 1st January 2022 and return on 2nd January 2023, you will have stayed outside America for a year breaking continuous residence. For such a case, you must wait five years (up to 3rd January 2027) to reapply for naturalization.

Current regulations permit green card holders to leave and return to the United States multiple times per year: If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more.

Show you have been physically present in the United States for at least 30 months out of the five years immediately before the date you file Form N-400; Show you have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence.

A lawful permanent resident is someone who has been granted the right to live in the United States indefinitely. Permanent residence includes the right to work in the U.S. for most employers or for yourself. Permanent residents continue to hold citizenship of another country.

You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your continuous residence requirement if your eligibility for naturalization is based upon being a: Permanent resident for at least 5 years; or. Permanent resident for at least 3 years if you are married to a US citizen.