News & Insights

1. Travel Rules for Green Card Holders

Short Trips (Less than 6 Months):

• If you travel outside the U.S. for less than six months at a time, your green card status is generally not affected.
• Upon return, you should present your green card and valid passport to Customs and Border Protection (CBP) officers at the port of entry.

Trips Between 6 Months and 1 Year:

• Absences of more than six months but less than one year may lead to questions about whether you have abandoned your permanent resident status.
• You may need to prove that you maintained ties to the U.S., such as:
  • Proof of a U.S. residence (e.g., lease or property ownership).
  • Evidence of employment or financial ties.
  • Documentation of family members residing in the U.S.

Trips Longer Than 1 Year:

• Staying outside the U.S. for over one year without a reentry permit is considered abandonment of your residency unless you apply for a Returning Resident Visa (SB-1).
• Without this visa, CBP may deny you entry.

2. Addressing Common Misunderstandings

“Three-Month Rule”:

• The idea that being out of the U.S. for over three months prevents reentry is incorrect.
• However, frequent or extended absences may raise CBP concerns about whether you still intend to reside permanently in the U.S.

Intent to Maintain Residency:

• The key factor for green card holders traveling abroad is maintaining the intent to live permanently in the U.S.
• Extended or repeated absences could suggest you’ve abandoned your permanent residency.

3. What to Do If You’ve Been Away for an Extended Period

If You’ve Been Outside for Less Than 1 Year:

• Return to the U.S. as soon as possible with your green card and passport.
• Be prepared to explain the reason for your extended absence if questioned by CBP officers.
• Carry evidence of ties to the U.S., such as property ownership, family connections, or tax filings.

If You’ve Been Outside for Over 1 Year:

• Contact the nearest U.S. embassy or consulate to apply for a Returning Resident Visa (SB-1).
• Provide evidence that your extended stay was due to circumstances beyond your control (e.g., medical emergencies).
• Be prepared to demonstrate that you maintained ties to the U.S. during your time abroad.

4. How to Avoid Issues in the Future

Obtain a Reentry Permit:

• If you plan to be outside the U.S. for more than six months or up to two years, apply for a reentry permit (Form I-131) before leaving.
• This document protects your permanent resident status during extended absences.

Maintain U.S. Ties:

• To prove your continued intent to reside in the U.S., keep:
• A valid U.S. mailing address.
• Bank accounts or investments in the U.S.
• Records of regular tax filings.

Monitor Your Travel Patterns:

• Repeated extended trips may lead to increased scrutiny, even if each trip is less than six months.