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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

As a lawful permanent resident (green card holder) of the United States, you enjoy the right to live and work in the country indefinitely. However, spending extended periods outside the U.S. can jeopardize your green card status. Understanding the rules governing absences is essential to avoid being considered as having abandoned your residency.

Here, with over 27 years of legal experience, including over a decade dedicated to helping individuals and families across Illinois, our founding attorney, Shobhana Kasturi, at Kasturi Law, LLC, explains.

Green Card Holders

General Rule for Green Card Holders Traveling Abroad

The general guideline is that green card holders should not remain outside the United States for more than six months. Staying abroad for more than six months may trigger questions about your intent to maintain permanent residency. If your absence exceeds one year, you are at serious risk of being deemed to have abandoned your green card status unless you have taken proactive steps to protect it.

Those may include:

Establish and Maintain Ties to the U.S.

  • Keep a U.S. residence: Maintain a home, apartment lease, or other permanent address in the U.S.
  • Maintain financial ties: File U.S. taxes as a resident and keep active bank accounts or credit lines.
  • Keep employment or business ties: If possible, continue working for a U.S.-based employer or operate a business in the U.S.

Obtain a Reentry Permit for Long Absences

  • If you plan to be outside the U.S. for over a year, apply for a reentry permit (Form I-131) before leaving.
  • A reentry permit allows you to stay abroad for up to two years without being considered to have abandoned your residency.

Avoid Actions That Suggest Abandonment

  • Do not establish permanent residency in another country.
  • Avoid statements or actions that imply you no longer intend to reside in the U.S., such as obtaining employment in another country or failing to maintain a U.S. address.

Return to the U.S. Regularly

  • If possible, return to the U.S. within six months to minimize scrutiny. Even if you must stay abroad longer, limit absences to under one year.

If you remain outside the U.S. for more than one year without a reentry permit:

  • Returning Resident Visa (SB-1): You may need to apply for a returning resident visa if you can demonstrate that your extended stay abroad was due to circumstances beyond your control, including a medical emergency.
  • Abandonment Determination: Customs and Border Protection(CBP) officers may determine that you have abandoned your green card, potentially requiring you to go through the immigrant visa process again to regain your status.

If you’re unsure about your specific situation or planning an extended stay abroad, consulting with an experienced immigration attorney can clarify and ensure you remain compliant with U.S. residency requirements.

Contact Our Immigration Lawyer at Kasturi Law, LLC Today

Contact our immigration law firm today for guidance on preserving your green card status and avoiding unnecessary complications.

We offer flexible consultation options to meet your needs, whether you prefer an in-person meeting, a phone call, or a Zoom session. Scheduling is simple with our online calendar, where you can choose between 30-minute or 60-minute appointments. Your time is important to us, and we’re committed to providing focused attention to your immigration questions, equipping you with the clarity and confidence to take the next steps.