Tips for Returning to the U.S. After International Travel with a Green Card

green cardThe law gives holders of a green card (Lawful Permanent Resident or LPR) holders certain rights and privileges. A green card holder has the privilege of traveling abroad and returning to the United States.  When traveling internationally, a green card holder must carry his or her passport from your home country and a valid, unexpired green card and other documents proving your identity, such as a foreign national ID card or a U.S. driver’s license. A U.S. Customs and Border Patrol Agent will inspect the documents to determine whether you are eligible to enter the U.S.

What if I lose my green card in my travels?

If you lose your green card while you are traveling outside of the US, immediately contact the nearest U.S. Embassy or consulate. There, you can obtain a U.S. Government Transportation Letter and reenter the U.S.

You must also report the theft of your green card to the local police in the country where it was lost or stolen. Secure a copy of a police report and present it to the consulate when you are requesting a replacement document.

If you do not have your green card with you when you reach a U.S. border point of entry, U.S. Customs and Border Patrol may require you to fill out a USCIS Form I-90: Application to Replace Permanent Resident Card and require you to pay the fee.

What happens if I remain outside of the U.S. for an extended period of time?

Legal Permanent Residents who remain outside of the U.S. for more than 180 days are subject to new immigrant inspection procedures.

If you have been away from the United States for more than a year you will need a Reentry Permit Form I-131, Application for Travel Document. If you plan to be outside of the country for more than a year, obtaining a reentry permit prior to leaving means that you will not have to obtain a returning resident visa from a U.S. embassy abroad. Having applied for a reentry permit in advance does not guarantee entry into the U.S. You must still be determined to be admissible, but it will show your intention to remain a permanent resident in the United States.

How might extended travel outside of the United States affect my permanent resident status?

Lawful permanent residents are free to travel outside of the U.S. for temporary trips without impacting their LPR status. But your intention to remain a Lawful Permanent Resident of this country is critically important. If the immigration authorities determine that a LPR or green card holder did not intend to make the United States his or her permanent home, he or she may be found to have abandoned legal permanent resident status.

To show your intention to make the United States your permanent home, immigration authorities look at whether you maintain the following:

  • Employment
  • Filing U.S. income taxes
  • Strong ties to family and community in the U.S.
  • A U.S. mailing address, bank account, and driver’s license
  • Owning property or running a business

While you may exercise your right to travel internationally if you are a Legal Permanent Resident, understand the rules that apply when you plan to leave the U.S. on trips. If you are out of town too long, it may affect your ability to apply for citizenship. There are other rules that control the amount of time that a LPR holder may be away from the United States. Learn them before you depart or plan your trip.

If you have questions, contact Perry A. Craft.