Permanent residents or green card holders can live in the United States indefinitely. So long as they avoid violations of immigration law and criminal statutes, they can spend the rest of their lives in the country.
They are subject to certain restrictions, especially if they intend to naturalize. Travel limitations are critical in the five years leading up to naturalization. Permanent residents hoping to become citizens have to maintain continuous residency in the United States by limiting their travel to less than 180 days out of the country at a time. They also have to maintain a physical presence in the country by ensuring that they do not spend more than half of their time abroad.
Even if permanent residents have no immediate plans to naturalize, they have to carefully consider how long they intend to remain out of the country. Leaving the United States for more than a year can prevent a permanent resident from reentering with just their green card. Instead, they need a re-entry permit.
Permanent residents must apply before leaving
Sometimes, business demands or family matters require an individual’s presence in another country for an extended period. When that happens, the permanent resident planning to leave the United States for 12 months or longer must take steps in advance to ensure that they can legally re-enter the United States.
A green card becomes invalid for reentry purposes once a permanent resident has been out of the United States for an entire year or longer. In fact, immigration authorities can assume that the permanent resident abandoned their status. Even if the green card itself is still technically valid because it has not expired, the lengthy absence from the United States amounts to an abandonment of permanent resident status.
A reentry permit allows a green card holder who has been out of the country for a year or longer to legally re-enter the country after a year or more abroad. Applying for a reentry permit requires the submission of paperwork to the United States Citizenship and Immigration Services (USCIS). Form I-131 provides notice of the intent to travel and to retain permanent residence. Typically, lawful permanent residents must apply at least 60 days before they intend to travel, if not sooner.
Learning more about the rules that limit the travel opportunities of permanent residents can be crucial for their legal protection. Getting support while pursuing a reentry permit can help green card holders ensure that they can legally return to the country after traveling abroad for an extended period.