Travel Plans For Lawful Permanent Residents: Exploring Options

Permanent residents of the United States are generally free to travel outside the country. However, this travel usually must be temporary, and permanent residents may need to take steps to establish that they do not intend to abandon their U.S. residency. For example, absences from the U.S. of six months or more may disrupt the continuous residency required for naturalization. If a Customs and Border Protection (CBP) officer suspects that a permanent resident does not intend to continue living in the U.S., they could revoke that person's status as a permanent resident. To avoid this, a permanent resident planning to be absent from the U.S. for more than a year should apply for a re-entry permit before leaving the country.

Travel duration and its impact on permanent resident status

As a lawful permanent resident of the United States, you are free to travel outside the country. However, your trip must be temporary, and you must not remain outside the United States for more than a year. If you are absent from the United States for more than a year, it may be determined that you did not intend to make the country your permanent home, and your permanent resident status may be revoked.

The length of your trip and the frequency of your travel may be considered when determining whether you intend to return to the United States. For example, if you have been travelling frequently and for long periods, it may be suspected that you do not intend to continue living in the United States. Other criteria that may be considered include whether you have maintained U.S. employment, filed U.S. income taxes as a resident, and maintained U.S. family and community ties.

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a re-entry permit (Form I-131) before you leave. Obtaining a re-entry permit will allow you to apply for admission into the United States during the permit's validity without needing to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. It is important to note that a re-entry permit does not guarantee entry into the United States, but it can serve as evidence of your intention to live in the country permanently.

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 one. In addition, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If you are seeking U.S. citizenship, you must live in the country for five continuous years or three continuous years if you obtained permanent residence through marriage to a U.S. citizen. If you are outside the United States for more than 365 days, this requirement starts over.

Documents required for travel outside the US

As a lawful permanent resident, you are free to travel outside the US. However, you are expected to live in the United States, and there are certain documents you need to carry with you when travelling.

If you are a permanent or conditional permanent resident who has been outside the US for less than a year, you will need to show your Green Card (Form I-551, Permanent Resident Card) upon re-entry to the US. You will also need to present other identity documents such as a passport, foreign national ID card, or US driver's license to a US Customs and Border Protection Officer, who will determine if you can enter the United States.

If you are a permanent resident and have been outside the US for a year or longer, you will need to apply for a re-entry permit before you travel. You can do this by filing Form I-131, Application for Travel Document. The re-entry permit is valid for two years from the date of issue.

If your trip abroad will last longer than a year, it is advisable to obtain a re-entry permit before leaving the United States. This will allow you to apply for admission to the US without having to obtain a returning resident visa from a US Embassy or Consulate. However, obtaining a re-entry permit does not guarantee entry into the US upon your return, as you must first be determined to be admissible.

If your Green Card or re-entry permit is lost, stolen, or destroyed while you are abroad, you may need to file a Form I-131A, Application for Travel Document (Carrier Documentation). This will allow an airline or other transportation carrier to board a lawful permanent resident bound for the United States without the carrier being penalized.

Re-entry permits and their validity

Lawful permanent residents (LPRs) of the US can apply for a re-entry permit if they intend to travel outside the country for over a year. The re-entry permit enables LPRs to travel outside the US for up to two years without their Permanent Resident Card being voided. It also establishes that they do not intend to abandon their residence in the US.

The re-entry permit can be used as a travel document instead of a passport for US permanent residents who are stateless, cannot get a passport from their country, or wish to travel to a place where they cannot use their passport. Many countries accept the US re-entry permit and will stamp it with their visas and entry and exit stamps. However, it is recommended to check whether the countries you intend to visit accept US re-entry permits as valid travel documents.

To apply for a re-entry permit, LPRs must file Form I-131 (Application for a Travel Document) from within the United States. The USCIS recommends filing at least 60 days before travelling abroad, as applicants will be called for a biometrics appointment at their local USCIS office. Applications are likely to be denied if the applicant has already left the country and cannot attend the appointment. There is no official limit to the number of times an LPR can apply for a re-entry permit. However, if an LPR has spent more than four of the previous five years outside the US since gaining a green card, they will only be issued a re-entry permit valid for one year.

Re-entry permits do not guarantee entry into the US upon return. LPRs must still be determined to be admissible. They may be asked to provide evidence of continuing ties to the US and their intention to continue living in the US, such as through ongoing US employment, family and community connections, or a home address.

Impact of travel on the naturalization process

Lawful permanent residents of the United States are generally free to travel outside the country. However, extended or frequent travel may impact the naturalization process and eligibility for U.S. citizenship.

To be eligible for U.S. citizenship, a lawful permanent resident must have maintained continuous residence in the U.S. for at least five years immediately preceding the date of filing Form N-400, Application for Naturalization. This requirement is adjusted to three years if the permanent resident is married to a U.S. citizen. For certain military applicants, the requirement is completely waived.

Absences from the U.S. of six months or more may disrupt the continuous residency requirement for naturalization. If a lawful permanent resident is outside the U.S. for more than 180 consecutive days and is then admitted back into the country, they are subject to the grounds of inadmissibility and could face removal or deportation proceedings. Additionally, absences of more than 365 days will reset the clock on the continuous residency requirement, delaying the naturalization process.

To avoid complications, it is recommended that lawful permanent residents who have filed Form N-400 refrain from travelling outside the U.S. However, if travel is necessary, it is possible to preserve residency for naturalization purposes by filing Form N-470 before departing the country. Lawful permanent residents can also apply for a re-entry permit (Form I-131) before travelling to ensure they can return to the U.S. without needing to obtain a returning resident visa. This permit is valid for up to two years and helps establish the intention to permanently reside in the U.S.

Overall, while lawful permanent residents can travel outside the U.S., extended or frequent travel may impact their naturalization process and eligibility for U.S. citizenship by disrupting the continuous residency and physical presence requirements. It is important for residents to understand how their time abroad affects their eligibility and to take the necessary steps to preserve their residency and intention to permanently reside in the U.S.

Criteria for determining the intention to return to the US

As a lawful permanent resident of the United States, you are expected to live in the country. You are free to travel outside the US, and temporary or brief travel will usually not affect your permanent resident status. However, if it is determined that you did not intend to make the US your permanent home, you will lose your permanent resident status.

If you are outside the US for more than a year, it is advisable to apply for a re-entry permit (Form I-131) before you leave. This will allow you to apply for admission to the US during the permit's validity without needing to obtain a returning resident visa. However, it does not guarantee entry to the US upon your return, as you must first be determined to be admissible. A re-entry permit is valid for up to two years. If you are outside the US for more than two years, any re-entry permit granted before your departure will have expired.

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 (Form N-470).

When you return to the US, you will need to present a valid, unexpired Green Card (Form I-551, Permanent Resident Card) at the port of entry. A Customs and Border Protection (CBP) officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national ID card, or US driver's license, and determine if you can enter the US. You may be asked to provide evidence of your continuing ties to the US and your intention to continue living there.

• Filing US income taxes as a resident
• Maintaining US family and community ties
• Maintaining US employment
• Owning real estate in the US
• Having an active US bank account and credit cards
• Having a US driver's license

Frequently asked questions