Trump’s immigration enforcement agencies are increasingly targeting lawful permanent residents (LPRs) or green card holders, who are facing difficulties reentering the US after traveling abroad. Many are being refused entry upon their return.
“While lawful permanent residents possess the legal right to return to the country in most situations, this right is subject to certain conditions and restrictions under immigration law. Lengthy absences, criminal offenses, fraudulent activities, or abandonment of residence can all lead to scrutiny, delays, or removal actions,” says Karim Jivani, Associate Attorney at Reddy Neumann Brown PC.
To prevent denial of entry or accusations of abandoning US residency, green card holders traveling overseas need to be aware of US reentry regulations. Unless they get a reentry permission using Form I-131, lawful permanent residents (LPRs) who remain outside the United States for a year or longer risk losing their status.
Even short absences may trigger scrutiny. To maintain green card status, holders should maintain strong US ties and limit long stays outside the country. Those seeking US citizenship through naturalization need to strictly follow the continuous residence requirement.
Reportedly, some of the green card holders are facing increased scrutiny while others are denied entry on the grounds of ‘abandoning US residence,’ or having stayed abroad for more than a year.
Green card status allows immigrants to live, work and enjoy a completely legal stay in the US. However, there are rules and laws to be followed to ensure the continuity of the legal status.
Green Card Re-entry Rules
Green card rules allow lawful permanent residents (LPRs) to travel outside the United States and return, but they have certain limitations.
The Permanent Resident Card becomes technically invalid for reentry into the United States if Green card holders are absent from the United States for 1 year or more.
Also, Green card holders’ U.S. permanent residence may be considered as ‘abandoned’ for absences shorter than 1 year if they take up residence in another country. Therefore, green card holders should obtain a ‘reentry permit’ before travelling outside the US to avoid any immigration issues.
A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance.
If you are an LPR planning to travel outside of the United States for 1 year or more, you must apply for a reentry permit before you depart the United States. If you stay outside of the United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status. If this happens, you may be referred to appear before an immigration judge to decide whether or not you have abandoned your status.
You may use the Form I-131 to apply for a reentry permit. You cannot file a Form I-131 to obtain a reentry permit unless you are physically present in the United States when you file the form. You should file your Form I-131 no fewer than 60 days before you intend to travel abroad.
However, you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities.
You do not need a reentry permit if you will be outside the United States for less than 1 year. If you have been outside the United States for less than 1 year, you may use your Permanent Resident Card (Form I-551) as your travel document. A green card may become invalid for reentry into the United States if you are absent from the United States for 1 year or more.
To apply for naturalization under the general provision, an applicant must have been continuously in the United States for at least 5 years after lawful permanent resident admission and up to the time of naturalization, and must also have resided in the state or service district with jurisdiction for 3 months before filing.
An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required is presumed to break the continuity of such residence. However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence.
“Lawful permanent residents must be aware of the consequences associated with prolonged absences, even if no individual trip surpasses 180 days or one year. Regular extended travels abroad may raise concerns regarding abandonment and could complicate naturalization processes, where continuous residence and physical presence are closely examined,” adds Jivani.