A green card represents a significant milestone for immigrants in the United States, granting the right to permanently live and work in the country. Beyond this fundamental right, it affords the ability to sponsor family members, eligibility for federal and educational benefits, as well as travel flexibility and a pathway to U.S. citizenship. Nevertheless, green card holders frequently have questions regarding international travel back to their home countries. Please continue reading as we explore what you should know about these matters and the importance of connecting with our experienced Essex County Green Card Attorneys for guidance.
Can a Green Card Holder Travel Back to Their Home Country?
As a green card holder, you are permitted to travel abroad, which is one of the key advantages of being a permanent resident. However, there are important considerations and limitations to keep in mind when planning such trips to avoid jeopardizing your permanent resident status in the U.S. Such trips must be temporary, as you are prohibited from staying outside the U.S. for longer than one year.
Trips with a duration of less than six months are generally not expected to pose significant issues. Conversely, trips that exceed this time frame may result in increased scrutiny upon re-entry into the country, requiring individuals to demonstrate strong ties to the U.S. Furthermore, a Customs and Border Protection (CBP) officer may consider revoking an individual’s permanent residency status if there are indications that the individual does not intend to maintain permanent residence in the U.S.
How Do I Apply for a Re-Entry Permit?
If you are absent from the U.S. for a year or more, it’s presumed you have abandoned your permanent resident status. To ensure your return, you will likely need a re-entry permit before departing. Without one, you risk being denied re-entry and losing your green card.
To apply, complete Form I-131, Application for Travel Document, while physically present in the U.S. Submit the form to United States Citizenship and Immigration Services (USCIS) with your green card, passport, and the fee to initiate the process. After submission, you’ll have a biometrics appointment. USICS will then process the application and approve it. You can receive the permit by mail at your U.S. residence or pick it up at a U.S. embassy or consulate abroad.
It should be noted that your green card, despite being proof of your permanent resident status, has an expiration date. If it expires while you are outside the U.S., you might need a “transportation letter” from a U.S. embassy or consult to board a flight back. It’s advisable to renew your green card well before its expiration.
As you can see, visiting your home country after getting a green card is permissible. However, you must adhere to U.S. immigration laws regarding international travel to protect your permanent resident status. For more information, please don’t hesitate to contact an attorney at the Law Offices of Christopher T. Howell, Esq.