Green card holders: Staying abroad for over a year can risk your US status

Green card holders returning to the US after travel abroad are facing tighter scrutiny, with longer absences now raising concerns over abandoned residency status

Green card holders in the United States are facing renewed scrutiny from immigration enforcement agencies under the Trump administration. Many lawful permanent residents (LPRs) are reportedly being questioned, and in some cases denied entry, on re-entering the country after travelling overseas.

 

Why green card holders are facing trouble at US airports

 

Lawful permanent residents are finding that even routine trips abroad are attracting attention from border officers. According to immigration lawyers, the focus is on whether travellers have abandoned their US residence by staying outside the country too long.

 

What counts as abandoning your permanent resident status

 

Short absences rarely cause problems, but longer stays can trigger doubts about a person’s intention to live permanently in the US. Abhisha Parikh, a US-based immigration lawyer, explained the general rule.

 

“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,” said Parikh in a social media post.

 

She added, “Absences longer than a year are even more serious and usually require a re-entry permit to avoid complications.”

 

How long can you stay abroad without losing your green card

 

Green card holders can travel outside the US, but there are limits. Stays beyond one year without proper documentation can cause the card to become invalid for re-entry. Even shorter absences may raise concerns if officers believe the individual has taken up residence elsewhere.

 

To maintain green card status, holders should keep strong ties with the US, such as maintaining a home, employment, or tax filings, and avoid long stays abroad, according to guidelines issued by USCIS.

 

Why a reentry permit is crucial for long trips

 

A reentry permit helps prove that a permanent resident did not intend to abandon their US status. It allows them to return after staying abroad for up to two years without having to apply for a returning resident visa.

 

“Green card holders should continue following the general rule — maintaining presence in the US. Extended absences can raise questions at reentry, so maintaining strong ties and presence is always advisable,” said Dmitry Litvinov, CEO and Founder of Dreem.

 

When and how to apply for a reentry permit using Form I-131

 

Anyone planning to stay outside the US for a year or longer must apply for a reentry permit before leaving. The application is made using Form I-131, and the person must be physically present in the United States at the time of filing.

 

You should apply at least 60 days before travelling. Once biometric data, such as fingerprints and photographs, have been submitted, the permit can be sent to a US embassy, consulate, or Department of Homeland Security office overseas for collection.

 

What happens if you stay outside the US for over a year

 

If a lawful permanent resident remains abroad for one year or more without a valid reentry permit, they may be considered to have abandoned their permanent resident status. In such cases, immigration officers may refer the person to appear before an immigration judge to decide whether the green card remains valid.

 

Rules for maintaining continuous residence for US citizenship

 

Those seeking US citizenship must maintain continuous residence for at least five years after obtaining permanent residency, and must also live in their state or district for at least three months before applying, according to USCIS.

 

An absence of more than six months but less than one year is presumed to break continuous residence unless the applicant can show proof, such as property ownership, family presence, or employment, that their residence in the US continued.

 

US green card holder must keep in mind

 

• Short trips are usually no issue

• Trips of six to twelve months may raise residency questions

• Trips over a year usually require a re-entry permit (Form I-131)