The Risks of Lengthy Absences Outside the United States by Green Card Holders.

Per USCIS, Lawful Permanent Residents, Green Card holders, are free to travel outside the United States. Some though, make the mistake of believing they can travel and stay out of the country for a long period of time without realizing that time spent outside the United States can affect their status as Green Card holders. Green Card holders traveling outside the United States for a period of six months or longer, face the risk of being considered as having abandoned their Lawful Permanent Residence status and could lose their status.

Anyone arriving at a port-of-entry to the United States is subject to inspection by U.S. Customs and Border Protection (CBP) officers. Green Card holders risk being questioned by CBP Officer upon their return to the United States if they have been overseas for six months or more. If the CBP Officer believes the Green Card holder has abandoned their residence, they might be issued a Notice to Appear (NTA) and put into removal proceedings, or worse, make the Green Card holder sign a statement indicating relinquishment of permanent residence.

Usually, a Green Card holder who has remained outside the United States for more than one year is presumed to have abandoned their Lawful Permanent Resident status and cannot re-enter the United States with a Green Card alone. Furthermore, Green Card holders making numerous trips of less than six months each outside the US can be considered as having abandoned their Lawful Permanent Resident status. Consequentially, this will affect the children of the Green Card holder who were overseas with the parent since the abandonment by the parent will also be imputed to the child.

There is a misconception that owning property and a bank account is enough to prove that the Green Card holder did not abandon their Lawful Permanent Resident status while being overseas. More evidence is needed such as Proof of paying taxes; Proof of owning or renting property in the US along with proof of payment towards utility and other bills for that property; Proof of having and using U.S. credit cards; Proof of having and using bank account(s) in the United States; Proof of maintaining close ties with family members in the United States or other evidence that present an intention of returning to the United States as their permanent home.

If a Green Card holder plans on remaining outside the United States for more than one year, then they must apply for a reentry permit. A reentry permit will make it safer to remain outside the United States as long as it is not abused. Furthermore, lengthy absences outside the United States can also affect Green Card holders when applying for U.S. citizenship. Green Card holders will be asked about their physical presence in the United States and might not be deemed eligible to file for citizenship if they fail to meet the required continuous residence and physical presence requirements for naturalization.