Published: January 12, 2025
Permanent residency grants you the right to reside and work in the US permanently. Your green card proves your lawful permanent resident (LPR) status. According to the Office of Homeland Security Statistics (OHSS), the LPR population in the US reached 12.8 million on January 1, 2024.
Holding a green card opens the door to many immigration benefits and opportunities. However, it also carries specific responsibilities and considerations. A common concern is whether a newly approved green card holder can travel abroad right away. Although you’re legally allowed to do so, various circumstances can influence whether or not it’s the best course of action.
Understanding the implications of international travel is not just a matter of convenience but a crucial step in protecting your LPR status while enjoying the corresponding advantages. Here, we’ll review several factors worth considering before making travel plans after your green card approval.
Understanding Your Travel Rights as a Green Card Holder
As a green card holder, you have significant rights and privileges, including the freedom to travel outside the US and return without acquiring a visa to numerous destinations. However, it’s important to remember that you must adhere to the conditions of being an LPR to maintain your status.
You can generally leave the US for temporary and short periods for leisure, professional, or personal purposes. It’s worth noting that the Customs and Border Protection (CBP) officer may examine various documentation to evaluate whether you genuinely intend to make a temporary visit abroad and return to the US.
Suppose you anticipate an extended stay outside the US or have become stranded abroad due to unforeseen circumstances. You must be well aware of any travel restrictions that may apply to your situation. Taking steps to preserve your LPR status before leaving the country is equally necessary.
Considerations for Traveling After Receiving a Green Card
In most instances, leaving the US has a minimal or no effect on your LPR status. However, lengthy international travel can constitute abandonment and other legal complexities that can jeopardize your LPR status and impact your eligibility for US citizenship.
With that in mind, being aware of the following considerations is vitally important when leaving the US after receiving your green card:
Continuous residence requirement
Your LPR status carries the expectation that you will preserve continuous residence in the US. It means keeping your primary home in the country for the required period and minimizing lengthy or frequent absences that can disrupt your status.
Immigration officials consider the duration of your absence when assessing whether your trip abroad is temporary. Generally, leaving the US for six months or more can raise questions about your commitment to residing in the country.
Risks of green card abandonment
The law may presume that you abandoned your green card when you spent over a year outside the US. You may face removal proceedings if immigration officials find you have abandoned your residency.
It’s essential to note that shorter trips may also present challenges depending on their nature and purpose. In trips of less than a year, risks of abandonment typically occur if it appears you did not intend to make the US your permanent residence. Below are some factors the officer may evaluate to determine whether you plan to return to the US shortly.
- Family and community ties in the US
- US employment
- Payment of US income taxes as a resident
- Maintenance of US bank accounts
- Ownership of US residence and other properties
Reentry requirements to the US
Understanding the requirements to reenter the US is essential, particularly if you intend to leave for an extended period. Likewise, securing a reentry permit is a proactive method of documenting your anticipated temporary absence from the country.
Returning to the US before the reentry permit expires can reduce potential issues during reentry. Keep in mind that reentry permits have a maximum validity period of two years and cannot be extended.
Another vital point is that complying with a reentry permit does not automatically ensure you will preserve your LPR status. Your ability to prove significant ties to the US can also influence whether you are granted readmission.
Maintain Your Immigration Status With ALG Lawyers
As a green cardholder, you have the right to travel or leave the US. However, meticulous planning and strict adherence to the law are paramount. Failure to adhere to relevant immigration rules can result in losing your LPR status and becoming deportable. Understanding and following these rules can prevent potential complications with your immigration status.
Acquiring assistance from a Los Angeles immigration lawyer can help avoid issues and uncertainties about your travel plans after receiving a green card. Our team at ALG Lawyers is ready to guide you through the process and ensure your trips abroad won’t negatively affect your immigration status. Contact our law firm now for a scheduled consultation.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)