Kara Sears
Lawful Permanent Residents (LPRs) are allowed to travel outside the United States, and temporary or brief travel usually does not affect their permanent resident status. However, if an LPR remains abroad for more than 12 months without a re-entry permit, their status may lapse. LPRs who plan to stay outside the United States for more than a year but less than two years must apply for a re-entry permit before departing the country. If an LPR has been outside the United States for over a year for reasons beyond their control, they may be eligible for a Returning Resident (SB-1) Visa.
| Characteristics | Values |
|---|---|
| What is a Lawful Permanent Resident (LPR) | An alien who is lawfully authorized to live permanently within the United States |
| Rights of LPRs | LPRs have most of the rights of American citizens. They may live and work in the U.S., accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. |
| Application Process | The steps to apply for a Green Card vary depending on the individual's situation. The largest class of admission focuses on admitting immigrants for family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the U.S. |
| Travel Outside the U.S. | LPRs are free to travel outside the U.S., and temporary or brief travel usually does not affect their permanent resident status. |
| Re-entry Permit | If an LPR plans to stay outside the U.S. for more than a year but less than two years, they need to apply for a Re-entry Permit (Form I-131) before departing the U.S. The permit establishes that they did not intend to abandon their status and allows them to apply for admission upon returning. |
| Abandonment of Status | LPRs who have remained abroad for more than 12 months without a re-entry permit may have their status lapse. They can voluntarily record the abandonment of their status by submitting Form I-407. This does not affect their ability to apply to immigrate to the U.S. in the future, but they will have to follow a new USCIS petition and visa application process. |
| Returning Resident Status | LPRs who have stayed outside the U.S. for more than a year for reasons beyond their control may be eligible for a Returning Resident (SB-1) Visa. They must provide evidence of continuing, unbroken ties to the U.S. and that their intent was always to return. |
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What You'll Learn
Re-entry permits for stays outside the US of over a year
If you are a lawful permanent resident of the United States, you are free to travel outside the country. However, if you plan to be away for more than a year, there are some important considerations to keep in mind to maintain your status. Firstly, you must obtain a re-entry permit to ensure your continued residence in the US. This is because, without it, you may be assumed to have given up your residence, and your green card could be revoked.
The re-entry permit, also known as Form I-131, serves as a travel document that allows green card holders to maintain their US residence when travelling for up to 2 years. It is important to note that you can only apply for this permit from within the United States, and you must be physically present when filing the application. Generally, the permit is issued for 2 years from the date of issuance, but there are exceptions for conditional residents. If your permit is lost or stolen, you may be able to re-enter using Form I-131A - Application for Travel Document (Carrier Documentation).
For trips of less than a year, a re-entry permit is not required, but it is recommended for trips between 6 and 12 months. During shorter trips, it is still important to maintain clear ties to the US, such as through work, family, or a home address. If you are away for more than 2 years without a permit, you will need to apply for an SB-1 visa (Returning Resident visa) at a US consulate or embassy before returning.
Additionally, if you are outside the US and your green card expires within 6 months, you should file for a renewal as soon as you return. If your card has already expired, there are certain scenarios where a boarding foil is not required for re-entry, such as having an expired 10-year permanent resident card or an expired 2-year card with a Form I-797 indicating an extended status.
Finally, if you wish to voluntarily abandon your LPR status, you must submit Form I-407 by mail or to a Customs and Border Protection officer at a US port of entry. This does not affect your ability to apply for immigration in the future, but you will need to follow a new petition and visa application process.
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Green card renewal for those returning within a year
If you are a lawful permanent resident of the United States, you must renew your Green Card if it has expired or will expire within the next six months. This is done by filing Form I-90. If you are outside the United States and your Green Card is due to expire within six months, but you will return within one year of your departure, you should file Form I-90 as soon as you return to the U.S.
If you are a conditional permanent resident, your Green Card will expire after two years, and you must file Form I-751 no sooner than 90 days before the expiration date. This form is also used to remove conditions on a Green Card obtained through marriage. Alternatively, you can file Form I-829 to remove conditions based on financial investment in the U.S.
If you are outside the U.S. and your Green Card has expired, but you will return within one year of your departure and before the card expires, you should contact the nearest U.S. consulate, international USCIS field office, or U.S. port of entry and let them know about your situation before filing for renewal.
If you plan to stay outside the U.S. for more than one year but less than two years, you will need a re-entry permit for readmission. You must be physically present in the U.S. when you file Form I-131 to apply for this permit. A re-entry permit is generally valid for two years from the date of issuance.
An expired Green Card does not mean you are no longer a lawful permanent resident. However, you will need the latest version to prove that you can live and work in the U.S. and to re-enter the country after travelling abroad. When travelling outside the U.S., you should be prepared to present your Green Card to re-enter the country.
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Abandoning LPR status with Form I-407
Form I-407 is used to abandon Lawful Permanent Resident (LPR) status in the US. This form is for those who want to voluntarily give up their green card status and can be used if an individual is moving to another country permanently, no longer wishes to pay US taxes, or is returning to their home country. It is important to note that abandoning LPR status does not affect an individual's ability to apply to immigrate to the US in the future, although a new USCIS petition and visa application process will need to be followed.
To complete Form I-407, it should be filled out completely in black ink and written as neatly as possible. The form must be signed and turned into the US Citizenship and Immigration Services (USCIS). It will be rejected if it is not signed or filled out entirely in English. The form can be submitted by mail to the USCIS Eastern Forms Center or to a US Customs and Border Protection officer at a US port of entry. As of July 1, 2019, USCIS no longer accepts Form I-407 at international field offices by mail or in person.
The form consists of three parts, of which only two need to be completed. The first part includes information about the individual abandoning their green card, such as their Alien Registration Number (A-Number), USCIS account number, name, date, and country of birth. It also includes information about recent departures from the US and the reason for abandoning LPR status. The second part is for the interpreter's contact information, certification, and signature, which is only necessary if an interpreter was used to complete the form. The third part is for government use only.
Along with Form I-407, the individual's Permanent Resident Card (also known as their green card or Form 1-551) must be returned to USCIS for proper destruction. Any other USCIS-issued documents must also be returned, as individuals abandoning their LPR status are not allowed to keep anything that might indicate otherwise. If an individual does not have their green card, they should fill out the appropriate boxes on the I-407 form to indicate this.
If an individual is 14 years of age or younger, their parent, custodial parent, or legal guardian must sign and consent to submitting Form I-407 and provide evidence of the parental or guardian relationship.
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Eligibility for LPR status
To be eligible for LPR status, an applicant must first be eligible for one of the immigrant visa categories established under the law. A child can be granted LPR status upon admission to the United States if all of the following criteria are met:
- The child is under the age of 2 and was born during a temporary absence of an LPR mother.
- The child is accompanying an LPR parent who is travelling to the U.S. for the first time after the birth of the child, and the purpose of the parent's travel is to resume residence in the U.S.
- The child's long-form birth certificate is presented at the Port of Entry.
A principal applicant granted adjustment of status based on the Liberian Refugee Immigration Fairness (LRIF) provision of the Fiscal Year 2020 National Defense Authorization Act is an LPR as of the date of their earliest arrival in the United States or as of November 20, 2014 (if the principal applicant cannot establish an earlier residence). An eligible family member granted adjustment of status under LRIF is an LPR as of the date of their earliest arrival in the United States or the receipt date of their adjustment application (if the eligible family member cannot establish an earlier residence).
USCIS issues a PRC to each alien who has been admitted for lawful permanent residence as evidence of their LPR status. LPRs 18 years of age and over are required to have their PRC in their possession as evidence of their status. The PRC contains the date and the classification under which the alien was accorded LPR status.
To maintain LPR status, an individual should stay outside the United States for no more than 12 months (or no more than two years with a re-entry permit obtained before leaving the U.S.). A re-entry permit may be sent to a U.S. Embassy or Consulate abroad for the individual to pick up, if they request it when filing their application. Generally, a re-entry permit is issued for two years from the date of issuance.
If an LPR has remained abroad for more than 12 months without a re-entry permit, it is possible that their status has lapsed. If an LPR has stayed outside the United States for an extended period, they will lose their LPR status. An LPR with an expired Green Card and a Form I-797, Notice of Action, for Form I-751 or Form I-829 to remove the conditions on their permanent resident status, may apply for a transportation boarding foil to re-enter the United States.
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Rights of LPRs
Lawful Permanent Residents (LPRs), also known as "green card" holders, are non-citizens who are lawfully authorized to live permanently within the United States. LPRs have most of the rights of American citizens. They may live and work in the United States, provided they do not commit any deportable offences under immigration law. LPRs are protected by all the laws of the United States, the state of residence, and local jurisdictions. They may also join the Armed Forces and receive financial assistance at public colleges and universities. LPRs have to file income taxes, similar to citizens.
LPRs do not have the right to vote in U.S. elections and may be prevented from some activities reserved for citizens, such as certain jobs or scholarships. They also have no right to challenge their deportation before a judge. LPRs convicted of "aggravated felonies" are ineligible for discretionary relief, such as cancellation of removal, even if they receive a hearing with an immigration judge.
To maintain LPR status, an individual must not remain outside the United States for more than one year without a re-entry permit. If an LPR stays outside the country for more than a year without receiving a return card, their status may be revoked by immigration authorities. To re-enter the U.S. after a prolonged stay abroad, an LPR must present their Green Card (Form I-551, Permanent Resident Card).
LPRs who wish to abandon their status must submit Form I-407 by mail or to a U.S. Customs and Border Protection officer at a U.S. port of entry. Abandoning LPR status does not affect an individual's ability to apply to immigrate to the United States in the future, but they will have to follow a new USCIS petition and visa application process.
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Frequently asked questions
Lawful permanent residents (LPRs), also known as "green card" holders, are aliens who are lawfully authorized to live permanently within the United States. LPRs may accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces.
You will need to find the eligibility category that fits your immigration situation, research how to apply, and learn whether your family members can also apply with you.
Yes, LPRs are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status.
If you plan to stay outside the US for more than a year but less than two years, you will need a re-entry permit for readmission. You must be physically present in the US when you file the Form I-131 to apply for the permit.
If your Green Card expires within six months and you will return within one year of your departure from the US and before the card expires, you should file for a renewal card as soon as you return to the US.
