Green Card Holders: Navigating International Travel and Re-entry to the United States

If someone has a green card, can they travel outside of the United States and come back to live in the US? Yes, as a permanent resident with a green card, you can leave and re-enter the US, but there are certain conditions and considerations to keep in mind such as maintaining residence and not staying outside the US for extended periods.

Understanding Green Card Rights

The purpose of having a green card is to serve as legal proof of your residing in the United States. It means you have the right to enter the country and will use the passport of your home country while traveling.

Choosing Your Travel Documents

Until you become a US citizen, you will need to use the passport of the country you still hold legal citizenship with, along with your green card, when entering the USA. This combination allows you to legally enter the country while maintaining your permanent residency status.

Traveling Abroad: Guidelines and Precautions

While you are free to travel wherever you wish, be cautious about the duration of your stays outside the US. Extended periods abroad can come with significant consequences. Here are some key points to consider:

Stays of less than 6 months are generally fine. Extended stays between 6 and 12 months may cause issues in future citizenship applications, as you must prove that the US is your permanent place of abode over a 5-year period. Prolonged stays outside the US can make it difficult to prove your strong ties to the country, ultimately affecting your path to citizenship.

Applying for a Re-entry Permit

If you plan to stay abroad for more than 12 months, it is advisable to apply for a re-entry permit. This can be done by downloading and filing Form I-131 with U.S. Citizenship and Immigration Services (USCIS). The permit is valid for up to 2 years and will help you avoid any complications when re-entering the US after an extended absence.

Failing to apply for a re-entry permit before leaving the US may result in being viewed as having abandoned your legal residency. In such cases, you might have to appear before an immigration judge, who will determine whether you can still prove strong ties to the US.

Proving Your Residency

The bottom line is to keep your stays outside the US brief, at least until you gain US citizenship. This will help ensure you maintain your legal residency and avoid potential complications in the future.

Remember, while traveling as a green card holder, always carry both your green card and your passport. This dual documentation will help facilitate your re-entry into the US without unnecessary delays or complications.

For further guidance, it is highly recommended to consult with an immigration attorney. Legal advice is necessary to navigate the complexities of maintaining your residency status and ensuring a smooth travel experience.