Green card holders should be cautious about their long-term stays outside the U.S.

Published October 7, 2013

Due to the increasing number of corporate and personal transactions between the U.S. and China, many green card holders are forced to reside overseas for extended periods of time for work and living purposes. Does this free movement of green card holders affect their ability to maintain permanent resident status?

In fact, the USCIS is very mindful of aliens who hold permanent U.S. green cards and do not reside in the U.S. or reside there for a very short period of time. If the USCIS determines that the green card holder does not intend to reside permanently in the United States, the USCIS may terminate the green card holder's permanent resident status on the basis of “abandonment of residency”. What factors are used to determine whether a green card holder has abandoned his or her U.S. residency? USCIS looks at the length of time they have been outside the country and their ties to the U.S. These ties include whether or not they have filed tax returns with the IRS, whether or not they own real estate in the U.S., have bank accounts, driver's licenses, etc., whether or not they have immediate family residing in the U.S., and whether or not they have a job outside of the country and the nature of that job, among other things.

For green card holders who want to stay outside the country for more than one year, we recommend that they apply for a Reentry Permit (I-131). The Reentry Permit looks like a passport and is generally valid for two years and can be renewed in some cases. When applying for a Reentry Permit, it is important to note that the applicant must be in the United States at the time of filing the I-131 and fingerprinting. However, even after receiving a Reentry Permit, it is important to maintain contact with the United States in order to prove intent to reside permanently in the United States. For those who have been sent overseas by a U.S. company for a long period of time, it is advisable that they have a letter from their employer certifying that they are in the U.S. each time they enter the country.

Therefore, we can say that U.S. permanent resident status is not absolutely “permanent”. Green card holders who want to live or work outside of the United States for an extended period of time and who want to secure permanent resident status should take this issue seriously, plan ahead, and carefully consider whether and when to apply for a Reentry Permit.