IN this week’s column, we will address immigration issues that may come up for lawful permanent residents (green card holders) who travel outside of the United States.
Lawful permanent residents can travel outside the United States for temporary or brief travel purposes, and the departures typically should not affect the permanent resident status, assuming there are no other issues regarding the individual’s immigration and/or criminal history.
However, permanent residents who attempt to reenter the United States after prolonged and/or frequent absences can be found to have abandoned their permanent residence status.
A general guide is used whether you have been absent from the United States for more than a year. Nonetheless, abandonment of residency may be at issue in trips of less than a year where there is evidence that you do not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider other factors, including your intention to visit overseas only temporarily, family and community ties in the United States, maintaining employment in the United States, and filing income taxes as a resident.
Immigration may also consider whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or other evidence that supports the temporary nature of your absence and that your residence is in the United States.
In today’s political climate, immigration officers may question immigrants more extensively than in the past when seeking reentry. It is always a good idea to be prepared in case an officer questions you regarding the purpose of your travel and any factors described above. If you have an extended and/or frequent absences from the United States, you may also want to bring supporting documentation to show continued ties to the United States.
Ultimately, if the government believes that you have abandoned your permanent residency, they can start immigration proceedings to take away your immigration status.
If you plan on being absent from the United States for longer than a year, you should apply for a reentry permit on Form I-131 before your departure. The reentry permit will help you avoid issues when you return to the United States and is compelling proof of your intent to continue residing in this country.
As long as the reentry permit is valid, you do not need to obtain a returning resident visa from a U.S.
Embassy or Consulate abroad after a prolonged absence. Keep in mind that the information above is not a substitute for legal advice. For advice about your individual situation, you should consult with an experienced, trustworthy immigration attorney or DOJ accredited representative. If you have questions about your situation or need legal assistance, please contact Advancing Justice – LA’s Tagalog helpline at (855) 300-2552.
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Asian Americans Advancing Justice – Los Angeles (Advancing Justice – LA) is the nation’s largest legal and civil rights organization for Asian Americans, Native Hawaiians, and Pacific Islanders (NHPI). Founded in 1983 as the Asian Pacific American Legal Center, Advancing Justice – LA serves more than 15,000 individuals and organizations every year. Through direct services, impact litigation, policy advocacy, leadership development, and capacity building, Advancing Justice – LA focuses on the most vulnerable members of Asian American and NHPI communities while also building a strong voice for civil rights and social justice. For more information, please visit https://www.advancingjustice-la.org/.
