What Happens to Your US Green Card If You Exceed Six Months Abroad?

Published: October 23, 2024

In 2023, approximately 1,173,000 individuals secured lawful permanent resident (LPR) status in the US. Most of them were already in the country when they became LPRs. An LPR or green card holder is expected to reside in the US. This requirement is essential for retaining one’s status, preventing abandonment, and other immigration processes, such as seeking naturalization. 

There are several ways to lose your LPR status intentionally or by accident, one of which is spending extended periods outside the US. Traveling abroad is permissible, but prolonged absences can attract scrutiny from immigration authorities. The key is to remain within the US borders most of the time as a green card holder. 

But what if you must extend your trip abroad because of family emergencies and other circumstances? ALG Lawyers will walk you through the possible consequences of spending more than six months abroad, including certain exceptions and the steps you can take to safeguard your green card while away. 

Implications of Extended Absences Abroad

When evaluating an applicant’s compliance with the continuous residence requirement, the United States Citizenship and Immigration Services (USCIS) considers the entire duration of being an LPR, from the admission date to the present. 

By doing that, the agency can ensure that the applicant consistently maintains ties to the US. Green card holders can travel outside the US for short periods. But what happens when absences abroad extend to over six months or more than a year? 

Absences of exceeding six months but less than a year

Suppose you spend more than six months but less than a year abroad. US Customs and Border Protection (CBP) may consider this a disruption to your continuous residence. 

The CBP officers may examine your continuing ties to the US, from property ownership to employment and family connections. Providing proof that you did not abandon your residency can help counter that presumption. 

Absences of over one year or more

Meanwhile, being absent from the US for over one year or more during the required duration will automatically interrupt your residence’s continuity.  It applies whether your absence happens before or after submitting the naturalization application. 

In these cases, applicants often must apply for a returning resident visa to facilitate re-entry to the US after such an extended absence. Failure to prove they maintained ties to the country and that the absence was temporary and beyond their control can result in denial of entry into the US and loss of green card status. 

How to Protect Your US Green Card Holder Status Abroad

Protecting your US green card status is vital for safeguarding your rights and future opportunities. Whether you’re seeking temporary work, planning an extended trip, or resolving family matters overseas, you can keep your permanent residency secure with the following steps: 

Secure a re-entry permit

Securing a re-entry permit before departing the US is crucial if you anticipate staying abroad for more than a year. 

A re-entry permit is a travel document that enables you to maintain continuous residence while remaining abroad. Typically, its validity is up to two years from the date of issuance.  Remember, applications for a re-entry permit are only accessible in the US, making it crucial to understand the details before taking off. 

Maintain strong ties to the US

Maintaining strong ties to the US is essential, especially during long trips abroad. Keep evidence of the following to demonstrate continuous ties to the US while you’re away:

• Homeownership
• Family connections
• Jobs in the US

Explore possible exceptions

Some situations allow you to be away for an extended period without affecting your permanent resident status. Understanding the possible exceptions can help protect your eligibility. These circumstances may include working for a US-based employer abroad, accompanying a US citizen spouse on a temporary assignment overseas, or being in the US military service. 

Consult with an immigration lawyer

The regulations and requirements for maintaining the LPRS status can be complex. It’s always in your best interest to consult with an immigration lawyer, particularly when you need to take more extended absences. They can help you determine what exceptions you can qualify for and how to secure a re-entry permit and preserve strong ties to the US. 

Ensure Compliance With ALG Lawyers

Our team at ALG Lawyers can provide expert guidance to ensure compliance and preserve your LPR status while traveling abroad. We handle each case with tailored solutions and utmost care, whether you need help documenting ties, applying for a re-entry permit, protecting eligibility for future citizenship, or dealing with other immigration-related issues. Connect with our firm today for an initial consultation.