In the past few weeks, I have met with quite a few green card holders who have accepted jobs overseas and want to know if they will lose their permanent resident status in the U.S. Others want to make sure they will be able to apply for citizenship some day.
Maintaining Permanent Resident Status
Trips Abroad of 6 Months or Less
While most trips of less than 6 months are okay, you should not assume that you will keep your permanent resident status. When you return to the U.S., you may have to prove to border officials that you are returning from a temporary trip abroad and did not intend to abandon your status. This is especially true if you are working abroad. You can prove this by showing your ties to the U.S. such as family, a home and bank accounts.
Trips Abroad of 6 Months to 1 Year
Trips abroad of 6 months to 1 year raise the presumption that you have abandoned resident status. Border officials will question whether you are returning from a temporary trip abroad or intended to give up your resident status. Some factors the officials will consider are whether you have a home, job, bank accounts and family in the U.S.
You may also apply for a re-entry permit before you leave the U.S. A re-entry permit shows border officials that you intended to maintain your permanent resident status. Even with a re-entry permit, you must still prove that you are admissible to the U.S. For example, if you commit certain crimes, you are inadmissible and will be turned away or put into removal proceedings.
Trips Abroad of More than 1 Year
If you plan on being gone for more than a year, you must apply for a reentry permit. Again, a reentry permit does not guarantee that you will be admitted to the U.S. but it does show the border officials that you intended to maintain your permanent resident status. Even with the travel document, it may be a good idea to have documentation to show that you did not intend to abandon your residence.
Trips Abroad of 2 or More Years
If you are going to be abroad for more than two years, you may not be able to return to the U.S. with your green card. Instead, you may need a Returning Resident visa which will require showing that you were abroad due to circumstances outside of your control.
Preserve Permanent Resident Status for Citizenship
Many people want to ensure they can apply for citizenship, even after time spent working abroad. In addition to maintaining residence, you should keep track of your continuous residence and physical presence in the U.S.
Continuous Residence for 5 years (or 3 if married to a U.S. citizen)
One requirement for citizenship is that you reside continuously in the U.S. for five years (or 3 years if you are married to a U.S. citizen). Absences of less than 6 months don’t break continuous residence for citizenship purposes. Absences of 6 months to 1 year may break continuous residence, depending on the circumstances and your proof of ties to the U.S. Absences of 1 year or more automatically break continuous residence unless you obtain application to preserve residence. There are exceptions for some type of employment.
Physical Presence
In order to apply for citizenship, you must be physically present in the U.S. for at least half of the 5 or 3 year period.
If you plan on traveling or working abroad for an extended period of time, you should contact an experienced immigration attorney to talk about the risks and how the law applies to your situation.