Green card holders: Can staying abroad for over a year risk your permanent status in US?

Green card holders: Lawful permanent residents returning to the US may encounter interrogation and entry denial due to increased immigration enforcement.

Under the new Trump administration, the US is seeing increased scrutiny of Green card holders by immigration enforcement agencies. Many lawful permanent residents (LPRs) who return to the nation after a trip abroad are reportedly subject to interrogation and, in certain circumstances, denied entry to the US.

Immigrants with Green card status are permitted to live, work, and travel around the United States with full legality. (Pexel)

Lawful permanent residents are discovering that border officials are paying attention to even their regular international travel. The main focus, according to immigration attorneys, is on whether visitors have left their US residency by staying abroad for an extended period of time.

Green card holders traveling abroad must be informed of US reentry laws to avoid being denied admission or accused of abandoning US residency. If lawful permanent residents (LPRs) stay outside the US for a year or longer, they may lose their legal resident status unless they obtain a reentry authorization using Form I-131.

Immigrants with Green card status are permitted to live, work, and travel around the United States with full legality. Nonetheless, laws and regulations must be adhered to in order to maintain the legal position.

Here's what US-based immigration lawyer said

While longer stays can raise questions about a person's commitment to live in the US permanently, short-term departures hardly generate issues. Meanwhile, US-based immigration attorney Abhisha Parikh clarified the rule on social media, saying: “If you are out of the country for more than six months, but less than a year, your return might raise questions about whether you have abandoned your permanent residence status.”

Absences of over a year are more significant and typically necessitate a re-entry permission to avoid further issues, Parikh added.

USCIS Green Card rule

There are restrictions on Green card holders' ability to travel outside of the US. Undocumented stays longer than a year may render the card ineligible for re-entry.

In order to preserve their status, the USCIS says that the owners of Green cards should avoid extended travels overseas and maintain close ties to the US, by maintaining a house, job, or tax returns.

If an authorized permanent resident stays overseas for one year or more without a valid reentry visa, they may be regarded to have deserted their permanent residency status. In such circumstances, immigration agents can send the person to an immigration court to determine if the Green card is still valid.