A foreign immigrant who successfully applies to the EB-5 Immigrant Investor Program is granted a U.S. Permanent Resident Card, more commonly known as a Green Card.

Holding a Green Card gives them the right to live and work in the United States permanently. It also gives them the right to travel to and from the United States.

However, there are certain rules that permanent residents need to be aware of when traveling. Failure to follow these rules can lead to difficulty leaving and returning to the United States.

Worse, you could jeopardize your lawful permanent resident status and more. If you plan temporary or brief travel outside the United States, you might need to apply for a reentry permit.

This article explains the circumstances under which you need to do this and answers some basic questions regarding Green Card holder travel.

Traveling Abroad Can Present Risks to Green Card Holders

Foreign nationals who obtain a Green Card and become permanent United States residents must consider certain things when traveling abroad.

One of the conditions of lawful permanent resident (LPR) status is that foreign nationals primarily reside in the United States.

If an LPR spends long periods abroad, the government may judge that the person does not intend to permanently reside in the United States. United States Citizenship and Immigration Services (USCIS) and Customs and Border Protection might determine that the person has abandoned their lawful permanent resident status. The government could decide to revoke that individual’s status.

Maintaining a long-term physical presence in the United States is also necessary to become eligible for naturalized citizenship later on; an applicant must demonstrate that they were physically located in the country for at least 30 consecutive months before filing.

Maintaining Permanent Resident Status

LPRs must demonstrate an intent to return when they travel abroad if they want to retain their permanent residency status.

In general, LPRs may spend fewer than six consecutive months abroad with minimal hassle. If you have been outside the United States for longer than six months but less than a year, USCIS may subject you to a full immigration inspection, to include additional questioning and requests for proof of intent to return to the United States.

If abroad for more than a year, it is critical to have a reentry permit (obtained by submitting Form I-131, Application for Travel Document) and an excellent explanation for the lengthy absence.

USCIS will probably suspect an LPR does not intend to permanently reside in the United States if they spend more than a year outside of the country. In such cases, intermittent visits to the United States will probably not be enough to show an intent to maintain permanent residence.

Determining Intent to Return

The U.S. government judges an LPR’s intent based on their conduct. Any LPR who leaves the United States must clearly demonstrate they intend to return to maintain lawful permanent resident status.

There is no definitive list of criteria, but USCIS may consider several factors to determine whether an LPR intends to return to the United States and live there permanently. These factors include but are not limited to:

• Historic travel patterns.
• Purpose of travel.
• Family and community ties.
• Employment or business ties.
• Property ownership.
• Bank accounts and activity.
• U.S. driver’s license status.

Documentation to Prove Your Intent to Return

A Green Card holder must present evidence of their strong ties to the United States to show they will maintain permanent residency. Documents that can demonstrate such intent are:

• A reentry permit.
• A returning resident visa.
• Return tickets or documentation of future plans.

What to Do Based on the Length of Your Trip

The steps you’ll need to take will vary depending on the duration of your planned travel. The following rules are generally applicable:

• Away for less than six months: You don’t need to apply for anything. However, getting a reentry permit could make travel easier. This is especially true if you don’t have a U.S. passport, as many countries accept a Green Card and a reentry permit as travel documents.
• Away for 6–12 months: You don’t have to apply for a reentry permit, but it’s strongly advised that you do. Once you are away for more than six months, you are more likely to trigger additional immigration scrutiny. USCIS could judge that you abandoned your LPR status. Providing a reentry permit helps prove your intention to return.
• Away for 12–24 months: Your Green Card cannot be used to reenter the United States. You must have a valid reentry permit. If you don’t have a reentry permit, then you must apply for a Returning Resident Visa (SB-1) at a U.S. embassy or consulate.
• Away for more than 24 months: Your reentry permit cannot be used to reenter the United States, as it will have expired if you received it prior to departure. Apply for an SB-1.

Green Card Considerations

Confirm that your Green Card will remain valid for the duration of your travel and bring it (along with a valid passport from your country of citizenship, if you have one) with you.

Note that if your Green Card is lost, destroyed, or expired while you are abroad, you may need to file Form I-131A, Application for Carrier Documentation (“Carrier Document”). Approval will give you temporary travel documentation to return to the United States.

Actions That Suggest You Abandoned Permanent Resident Status

USCIS may determine that an LPR has abandoned his or her permanent resident status under the following circumstances:

• The LPR has moved and clearly intends to permanently reside within another country.
• The LPR fails to file income tax returns while abroad or files as a non-immigrant.
• The LPR spends more than one year abroad and never submitted Form I-131 to obtain a reentry permit.
• The LPR remains abroad for more than two years after being issued a re-entry permit and fails to obtain a Returning Resident (SB-1) immigrant visa.

Note that USCIS may determine an LPR has abandoned their permanent resident status for absences of any length, not only for absences greater than one year.

Gain U.S. Permanent Residency Status with EB5AN

U.S. permanent residents enjoy a huge range of benefits, from being able to travel freely in and out of the country, to taking advantage of world-class educational and healthcare systems. Most importantly, they get to work in the world’s richest economy.

The EB-5 Immigrant Investor Program is one of the fastest ways to achieve permanent residency status in the United States. The best way to complete the EB-5 process successfully is to partner with experienced professionals who can answer your questions about everything from immigration forms to the benefits of becoming a conditional permanent resident of the United States.

An industry leader, EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

Please book a free consultation today to find out how we can do the same for you.