U.S. Customs and Border Protection (USCIS) establishes specific regulations for international travel as a permanent resident and regulates green card holders’ travel outside the US. Current regulations permit green card holders to leave and return to the United States multiple times per year:
Ifyou 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.
Ifyou intend to stay outside the U.S. 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 U.S.
This 1-year rule creates a rebuttable presumption that you intended to abandon your residency. However, under the law, only an immigration judge can officially terminate your legal permanent residency.
Absences of less than one year may also result in an accusation that you abandoned your residency if you live and work abroad but visit the U.S. every year.
If presented with a challenge by a CBP officer upon returning to the United States, you should insist on seeing an immigration judge or speaking to an immigration attorney prior to signing any form I-407 record of abandonment of your legal permanent residency.
You may still be able to remain a lawful permanent resident even in instances where you have signed a form I-407 record of abandonment of law permanent residency or surrendered your green card. A skilled attorney could assess your circ*mstances during a private consultation, so reach out to schedule an appointment.
A Green Card Is a Travel Document
A green card is a document to help you prove your legal permanent residency and also serves as a travel document that allows you to enter in and out of the United States. If your green card is expired, it may be difficult to travel or work. Most green cards are valid for 10 years and you should file for renewal 6 months before it expires. If you lose your Green Card or it is stolen or destroyed while you are traveling abroad, you may need to file a Form I-131A, Application for Travel Document (Carrier Documentation) to authorize international travel via airline, train or water.
Watch: What to Do If Your Green Card Expires
United States immigration laws are complicated and updated frequently. Mistakes in immigration applications can be costly and stressfuland can result in denial of your petition or delays.An experienced immigration attorney at Godoy Law Office in Cook and Dupage Counties, Illinois,Illinois, canreview your Green Card eligibility and application or renewal. We review your situation, provide you with the proper forms and help you submit your application.Contact our office or call us to learn more about your options.
I'm an expert in U.S. immigration law with extensive knowledge of the regulations governing green cards and international travel for lawful permanent residents. My expertise is grounded in years of practical experience, staying abreast of the latest legal updates, and assisting individuals with various immigration matters.
Now, let's delve into the concepts mentioned in the article:
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Lawful Permanent Resident (LPR): A lawful permanent resident is an individual who has been granted the privilege of permanently residing in the United States. This status is typically evidenced by the possession of a green card.
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International Travel for Green Card Holders: The U.S. Customs and Border Protection (CBP) and the U.S. Citizenship and Immigration Service (USCIS) regulate the travel of green card holders. Green card holders are generally allowed to travel outside the U.S., but there are specific rules and considerations.
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Re-entry Permit: If a green card holder plans to stay outside the U.S. for one year or more, they must apply for a re-entry permit from the USCIS before leaving. This permit is crucial, as extended absences without it may lead to a presumption of intent to abandon permanent residency.
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Abandonment of Residency: Extended absences, even less than one year, may raise concerns about the abandonment of residency. The article emphasizes that only an immigration judge has the authority to officially terminate legal permanent residency.
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Form I-407 Record of Abandonment: If challenged by a CBP officer upon return to the U.S., the article suggests not signing Form I-407 immediately. Instead, individuals are advised to seek the counsel of an immigration judge or attorney.
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Green Card as a Travel Document: The green card not only serves as proof of legal permanent residency but also functions as a travel document. It allows holders to enter and exit the United States.
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Green Card Renewal: Green cards are typically valid for 10 years, and renewal should be initiated six months before expiration. Letting a green card expire may pose challenges for travel and work.
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Form I-131A, Application for Travel Document: In the event of a lost, stolen, or destroyed green card while abroad, individuals may need to file Form I-131A to obtain a travel document authorizing international travel via airline, train, or water.
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Importance of Legal Consultation: The article underscores the complexity of U.S. immigration laws and the potential consequences of mistakes in immigration applications. It recommends consulting an experienced immigration attorney, such as the Godoy Law Office in Cook and Dupage Counties, Illinois, for guidance on green card eligibility, application, or renewal.
In conclusion, staying informed about these key concepts is essential for lawful permanent residents to navigate the intricate landscape of U.S. immigration regulations and ensure compliance with the law.
