Lawful permanent residents (LPRs) are free to travel outside the United States, and, according to USCIS, temporary or brief trips generally do not affect permanent resident status. At the same time, USCIS notes that if it is determined that a person did not intend to maintain the United States as their permanent home, their status may be found abandoned. A common reference point is whether the absence lasted more than one year.
How the System Works
USCIS describes an approach in which travel abroad does not by itself terminate status, but authorities evaluate whether the person intended to keep the United States as their permanent home. The general reference point is an absence of more than one year; however, abandonment may be found even for trips shorter than one year if it is determined that the person did not intend to maintain the United States as their permanent residence. The rules depend on the circumstances of each individual situation.
According to USCIS, an officer may consider factors such as: whether the intent was to remain abroad only temporarily; whether family and community ties in the United States were maintained; whether U.S. employment was maintained; whether U.S. tax returns were filed as a resident; and other indications of an intent to return to the United States as a permanent home.
For admission after a temporary absence, immigration regulations (8 CFR) describe the documents that returning residents present. These include a valid, unexpired Form I-551 (Permanent Resident Card) when returning after a temporary absence of less than one year, as well as a valid, unexpired Form I-327 (Permit to Reenter the United States). More information about permanent resident status is available in the green card section.
Absence, Naturalization, and Lost Documents
According to USCIS, an absence from the United States of six months or more may disrupt the continuous residence required for naturalization. If an absence lasts one year or longer and the person wishes to preserve continuous residence for naturalization purposes, Form N-470 may be filed.
USCIS also notes that if a green card or reentry permit is lost, stolen, or destroyed abroad, Form I-131A (Application for Travel Document (Carrier Documentation)) may be required so that a carrier can board the returning permanent resident bound for the United States without incurring carrier penalties.
How Long Can You Stay Outside the U.S. with a Green Card?
USCIS indicates that temporary or brief trips generally do not affect permanent resident status. The common reference point is whether the absence exceeds one year. That said, abandonment of status is possible even for shorter trips if it is determined that there was no intent to maintain the United States as a permanent home.
Can You Lose Your Green Card from a Long Trip Abroad?
According to USCIS, status may be found abandoned if it is determined that the person did not intend to maintain the United States as their permanent home. An officer may consider whether family ties, employment, and resident tax filings were maintained, along with other indications of an intent to return. The rules depend on the circumstances of each situation.
What Is a Reentry Permit?
A reentry permit corresponds in immigration regulations to Form I-327 (Permit to Reenter the United States) and is among the documents that may be presented upon returning to the country. USCIS notes that if a person remains outside the United States for more than two years, any reentry permit issued before departure will have expired by that point.
What Is the SB-1 Returning Resident Visa (Over 2 Years Abroad)?
USCIS notes that after an absence of more than two years, applying for a returning resident visa (SB-1) at the nearest U.S. embassy or consulate is worth considering; an SB-1 applicant must establish eligibility for an immigrant visa and undergo a medical examination. The U.S. Department of State indicates that the SB-1 is available to a permanent or conditional resident who remained outside the United States for more than one year, or beyond the validity of a reentry permit, for reasons beyond their control. The process, as described by the Department of State, generally involves contacting the embassy or consulate in advance (where possible, at least three months ahead), filing Form DS-117 (Application to Determine Returning Resident Status) with supporting documents, and attending an interview; if status is approved, further processing includes Form DS-260, fees, and a medical examination. An exception exists for the spouse or child of a U.S. military member or U.S. government civilian employee stationed abroad under official orders.