Permanent residents, often known as green card holders, have the right to live and work in the United States indefinitely. However, this status comes with certain responsibilities and limitations, especially concerning travel outside of the U.S. One critical rule that permanent residents must consider is how long they can stay abroad without affecting their residency status.
The six-month rule
Generally, any absence from the United States of less than six months does not disrupt a permanent resident’s status. However, staying outside of the U.S. for more than six months but less than one year could raise questions upon re-entry. U.S. Customs and Border Protection officers may inquire whether the person intended to abandon their residency by staying away for a prolonged period.
Risk after one year abroad
Staying out of the country for more than one year is more problematic for permanent residents. In such cases, the USCIS presumes that the person abandoned their residency status. To re-enter the U.S. after spending more than a year abroad, a permanent resident usually needs to obtain a re-entry permit before leaving or might have to apply for a returning resident visa if they did not get a re-entry permit.
Getting a re-entry permit
To avoid issues with long absences, permanent residents planning to stay outside of the United States for more than one year but less than two years should apply for a re-entry permit before leaving. This permit serves as evidence of their intention to maintain permanent residency despite an extended stay abroad. The application for a re-entry permit should be filed while the person is physically present in the U.S.
Maintain ties to the United States
To help demonstrate the intent to maintain U.S. residency, permanent residents should keep ties to the United States. This can include maintaining a U.S. address, bank accounts, and credit cards, and filing U.S. tax returns. Strong ties can support the case that the permanent resident does not intend to abandon their status.
Understanding the rules regarding travel and maintaining permanent residency is crucial for green card holders. Maintaining strong ties to the U.S. can also help demonstrate continuous residency intentions during extended stays abroad.