Returning to the US as a Green Card Holder

A green card holder, or a permanent resident, who is returning to the United States and wants to retain his or her green card faces some risks especially if they have been outside the United States for six or more months.  The most important risk a lawful permanent resident takes who is seeking re-entry in the United States after a prolonged absence is the an immigration inspector will consider that he or she had effectively abandoned his permanent resident status and the inspector may refuse the individual entry into the country regardless of whether or not he is a green card holder.

What Immigration Inspectors Look For in Lawful Permanent Residents seeking Re-Admission:

• Must have an unrelinquished domicile in the United States
• Unexpired permanent resident card
• Reentry permit
• Refugee travel document showing lawful permanent residence
• Temporary evidence of “lawful permanent resident” status
• Documentation identification and telecommunication stamp

Abandonment of Lawful Permanent Residence Status

A returning resident alien is not required to show a passport for reentry into the United States but many will have a passport due to the fact that it was needed to enter the foreign country he or she just left.  When a lawful permanent resident of the United States has been outside the United States for more than one year (or two years if presenting a reentry permit) may be considered to have abandoned his permanent residence status with the United States.  Inspectors will look at whether or not the entry applicant is routinely employed abroad, whether his primary family members are citizens or permanent residents of a foreign country, whether the person has arrived into the United States on a charter flight where the other passengers are non-residents planning to return to their country after a visit, whether there is no fixed address in the United States anymore, and whether the individual frequently spends prolonged amounts of time outside the United States. 

Getting Legal Help

If you or a member of your family is a green card holder and encountered trouble before or after his reentry in the United States based on his lawful permanent resident status it may be helpful to discuss the circumstances of the difficulty with an immigration lawyer.  An attorney can review the issues immigration inspector found with your reentry into the country and provide valuable guidance on the best steps to take to handle the situation and avoid any similar problems in the future.