Permanent Residents: Getting A Us Passport

Permanent residency status in the US, commonly known as a green card, grants the right to live and work in the US indefinitely. It also allows permanent residents to travel outside the US. However, to re-enter the US, a permanent resident must present their green card and their passport from their country of citizenship. This raises the question: Can a lawful permanent resident get a US passport?

Permanent residents travelling outside the US

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect their permanent resident status. However, if it is determined that the resident did not intend to make the US their permanent home, they will be found to have abandoned their permanent resident status. A general guide used is whether the individual has been absent from the US for more than a year. Abandonment may also be found to occur in trips of less than a year if the individual is believed to not have intended to make the US their permanent residence.

To travel outside the US as a permanent resident, you will need three documents: your permanent resident card, your passport, and any visas required by the foreign country you are travelling to. While US law does not require a lawful permanent resident to have a passport to enter the US, you will likely need a passport to enter another country. If you do not have a valid passport, you may be able to use a reentry permit instead.

If you plan on being absent from the US for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the US allows a permanent or conditional permanent resident to apply for admission into the US during the permit's validity without the need to obtain a returning resident visa from a US Embassy or Consulate abroad. It is important to note that the reentry permit expires after 2 years, so if you think you might be out of the country for longer, you can apply for an SB-1 (Returning Resident Visa).

Absences from the US of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the US for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470.

Documents required to re-enter the US

As a lawful permanent resident of the United States, you are free to travel outside the country, and temporary or brief travel usually does not affect your permanent resident status. However, if you plan to be absent from the United States for more than a year, it is advisable to apply for a re-entry permit (Form I-131) before leaving. This will make it easier for you to resume your permanent residence in the US upon your return.

A re-entry permit is usually valid for two years from the date of issuance. It tells a CBP official not to consider your absence from the United States as evidence that you have abandoned your US residence. However, it does not guarantee re-entry, and you must still be determined to be admissible by a US Customs and Border Protection Officer upon arrival.

If you are outside the United States for more than two years, any re-entry permit granted before your departure will have expired, and you will need to apply for a new immigrant visa to re-enter. If you are outside the US for more than a year but less than two years, and you do not have a re-entry permit, you will also need to apply for a new immigrant visa.

To re-enter the United States, you will need to present a valid, unexpired Green Card (Form I-551, Permanent Resident Card). If your Green Card has been lost, stolen, or damaged, you can apply for a Boarding Foil, which permits the airline to transport you back to the United States. You may also need to present other identity documents, such as a passport, foreign national ID card, or US driver's license.

If you are the spouse or child of a member of the US Armed Forces or a civilian employee of the US government stationed abroad on official orders, you may enter the United States using your Permanent Resident Card, even if it has expired. You will not need a Returning Resident (SB-1) immigrant visa, as long as your spouse or parent is returning with you and you can prove that you had the status of a lawful permanent resident at the time of departure and that you intended to return.

Continuous residency requirements for naturalization

Lawful permanent residents (LPRs) in the United States can travel outside the country without a US passport. However, a foreign country may require you to have a valid passport from your country of citizenship to enter, and the airline you're travelling with may also require you to have a passport. In such cases, if you don't have a valid passport, you may be able to use a re-entry permit instead.

To become a US citizen through naturalization, an LPR must meet certain eligibility requirements, including demonstrating continuous residence in the United States for a specific period. Continuous residence refers to the uninterrupted period of time an LPR has resided in the United States before filing Form N-400. This requirement assesses an individual's commitment to establishing roots and integrating into American society.

The general requirement is to demonstrate residence in the US for at least five years immediately before filing Form N-400. LPRs must also show they have been physically present in the US for at least 30 months out of the five years before filing. Qualified spouses of US citizens need to demonstrate continuous residence in the US for three years and physical presence for 18 months within the three years before filing Form N-400.

Extended absences from the US can disrupt an applicant's continuous residence status. Absences of more than six months may break the continuity of residence unless the applicant can prove otherwise. Absences exceeding one year can trigger a presumption of abandonment of residency, requiring compelling evidence to rebut this presumption and establish the intent to maintain LPR status. Applicants with multiple shorter absences may also struggle to satisfy the continuous residence requirement if they cannot establish that their primary dwelling place is in the US.

Certain exemptions to the continuous residence requirement exist for applicants working abroad for the US government, recognised American research institutions, or bona fide religious organisations. To preserve their continuous residence status, these applicants must file Form N-470 with USCIS.

Using a re-entry permit instead of a passport

As a lawful permanent resident of the US, you are allowed to travel outside of the country. However, you will need three documents: your permanent resident card, your passport, and any visas required by the foreign country you are travelling to. While US law does not require a lawful permanent resident to have a passport to enter the US, you will likely need one to enter another country. If you don't have a valid passport, you may be able to use a re-entry permit instead.

A re-entry permit is a travel document issued by the United States Citizenship and Immigration Services to US lawful permanent residents to allow them to travel abroad and return to the US. It is a green, passport-like booklet with the words "Travel Document", a symbol, and other official wording in blue-grey. The re-entry permit enables a lawful permanent resident to travel outside the United States for time periods longer than one year and establishes that the LPR does not intend to abandon their residence in the US.

You can use a re-entry permit as a travel document if you can't obtain a passport from your home country. Many countries will let you use a re-entry permit like a passport, and will stamp it with their visas and entry and exit stamps. However, you should check whether the countries you intend to visit accept the US re-entry permit.

It is important to note that a re-entry permit does not guarantee the right to re-enter the United States. If a CBP official finds other reasons to suspect that you have abandoned your US residence, you could face further questioning. To avoid this, you should maintain clear connections to the United States during any trips abroad, such as through family ties, tax filings, a US mailing address, or a US employer.

The process of obtaining US citizenship

Lawful permanent residents of the United States are not required to have a valid passport to enter the country. However, a passport may be needed to enter another country or based on the requirements of the airline you are travelling with. In the absence of a valid passport, a re-entry permit may be used alongside your green card.

If you are a lawful permanent resident and want to obtain US citizenship, you must go through the naturalization process. This is the way that an alien not born in the United States voluntarily becomes a US citizen. Here is a step-by-step guide to obtaining US citizenship:

• Check your eligibility for naturalization: To be eligible, you must have been a lawfully admitted permanent resident of the United States for at least five years, demonstrate continuous residence in the United States for at least five years before filing Form N-400, and show that you have been physically present in the United States for at least 30 of those 60 months. You must also have lived for at least three months in a state or USCIS district with jurisdiction over your place of residence and demonstrate an attachment to the principles and ideals of the US.
• Prepare your Form N-400, Application for Naturalization, and submit your application. If you need assistance with the legal aspects of the application, you can contact an authorized immigrant legal service provider for advice, which may be provided for free or at a low cost.
• Take the naturalization test: This includes a US history and civics component, as well as reading and writing tests. Your English proficiency will be assessed during the interview, and you will be asked to respond to the N-400 questions and engage in a conversation with the USCIS officer.
• Attend the interview: During the interview, the USCIS officer will ask you questions to assess your English proficiency and confirm your information. They will ask for your documents, and you will be put under oath to tell the truth.
• Receive the results: If you pass the test and interview, you will be notified of your successful naturalization.

Frequently asked questions