How do I Maintain my US Residency after Obtaining my Green Card While Taking Lengthy Trips Abroad?

Some of you may be wondering: "I don't really take lengthy trips abroad so this doesn't apply to me, right?" Well, it kind of does. How, you ask? Let me explain further.

Some of you may already know that traveling outside of the United States for more than 6 months may raise suspicion for U.S. Customs and Border Protection ("CBP") officers, who may presume that your continuous residence in the United States has been broken. You may overcome this presumption by presenting evidence that your absence was temporary in nature and you have maintained strong ties to the United States. Evidence may include, but is not limited to:

1) Not terminating your employment in the United States;

2) Maintaining a permanent residence address;

3) Immediate family remaining in the United States while you traveled;

4) Having active bank accounts in the United States;

5) Proof of filing taxes in the United States; etc.

And even if you are able to convince CBP with the above, but you still find yourself outside of the United States for 11 months to a year, you risk the big "A" word. "Awesome?" - Nope. Guess again, more like "Abandonment" of your green card or permanent resident status. This is where the re-entry permit needs to be considered.

What is a re-entry permit? It's a travel document that allows green card holders to maintain their residence in the United States when they travel abroad for up to 2 years. Here are some things to consider when applying:

1) You must be in the United States when filing for the re-entry permit;

2) You must be a permanent resident of the United States;

3) Getting this shows that you intend to maintain your permanent resident status;

4) You should apply for this if you know you will be outside of the United States for over a year and under 2 years;

5) You may also consider this option if you plan to travel outside of the United States for over 6 months; and

6) If you run into complications such as urgently leaving the United States, consult with an experienced immigration attorney to see what can be done prior to your travel.

Once you receive a re-entry permit, be sure to check the validity date, typically 2 years from issuance. Keep in mind, even with a re-entry permit, CBP officers may still question your intent to maintain U.S. residency.

If any of this applies to you, you may need a well-thought-out plan to protect your permanent resident status.

(This blog was written by Attorney Poonam Minhas for informational purposes only. This blog is not to be taken as legal advice nor does it form any type of attorney-client relationship. If you have specific questions about applying for a re-entry permit, you may submit a "contact us" form on www.pminhaslaw.com)