Obtaining a Green Card opens the door to many possibilities, including the opportunity to travel outside the United States. Before you start packing your suitcase, be aware that the duration of your travel abroad can affect you as a Green Card holder.
Marshall Cohen, a leading immigration lawyer in Atlanta and co-founder of Antonini & Cohen, shares critical insight on how traveling outside the United States can affect the immigration status of lawful permanent residents.
Residency Requirements and Travel Considerations
Lawful permanent residents must understand two key areas where travel can significantly impact their immigration status:
1. Maintaining Permanent Residency
Securing a Green Card signifies your intention to permanently reside in the United States as a lawful permanent resident. To preserve this intent and prevent complications with your legal permanent residency, it’s crucial to avoid prolonged absences from the country. For example:
Trips lasting around six months may prompt Customs and Border Protection (CBP) to question your continued U.S. residency. You may need to demonstrate your intent to live in the U.S. by showing ties to your family living in the U.S., community, and employment as well as providing proof of your paid taxes, bank statements, and driver’s license.
The government will consider trips outside the United States exceeding one year to be an abandonment of residency. This will result in losing your permanent resident status.
Recommendation: Consider filing a reentry permit for extended trips of six months or more. This document allows permanent residents to be outside the United States for one to two years without jeopardizing their residency status.
2. Naturalization Application Requirements
Extended trips not only threaten your permanent resident status but they can also impact your eligibility for citizenship. An applicant for naturalization must be physically present in the United States for 30 out of the 60 months preceding application (or 18 out of 36 months if married to a US citizen). Extended absences can interrupt the continuous physical presence requirement, potentially preventing naturalization.
Consult an Atlanta Immigration Lawyer for your Green Card
For personalized advice about travel and immigration status, contact Antonini & Cohen Immigration Law Group at (470) 428-3200 or via our contact form.
As experienced Green Card lawyers and immigration attorneys in Atlanta, we can help navigate complex immigration travel regulations and protect one's legal status.