Traveling Outside the United States With a Green Card

Having a green card grants the holder certain freedoms. As a lawful permanent resident (LPR) in the United States, you must be aware of the travel restrictions that apply to you. This concern applies in particular to the length of time you can spend outside of the United States. For foreign nationals intending to naturalize as U.S. citizens, the length of your stay outside of the U.S. could impact your path to naturalization.

Failure to adhere to these rules could potentially jeopardize your permanent resident status. It could also affect your future U.S. citizenship plans. Thus, it is essential to be informed and proactive in learning about these rules before traveling outside of the United States. Keep reading for the basic rules and requirements for green card holders traveling outside the United States.

Keep in mind that immigration policies are ever-evolving and subject to change. Don’t risk your green card status. Talk to an immigration attorney near you for up-to-date legal guidance.

How Long Can I Stay Outside the United States?

Absences over one year tend to raise suspicions among U.S. Citizenship and Immigration Services (USCIS) officials. Immigration officials could also look for additional signs that the LPR does not intend to stay in the country.

Other factors the immigration or CBP officers might consider when looking at your intentions as an LPR include, but are not limited to, the following:

• Did you have family members and community ties in the U.S.?
• Did you file U.S. income taxes as a resident?
• Did you maintain a bank account and U.S. mailing address?
• Do you have a valid U.S. driver’s license?
• Do you own property or run a business in the U.S.?
• Have you applied for U.S. citizenship?

Applying for a Reentry Permit

If you intend to stay out of the U.S. for a year or more, you should submit a reentry permit with USCIS before leaving. The reentry permit will allow you to return to the United States. Note that the permit has an expiration date. To avoid challenges upon entering the U.S., returning before the expiration of the reentry permit is advisable. 

The reentry permit will also allow you to return to the U.S. without obtaining a returning resident visa from the U.S. Consulate or U.S. Embassy.

If you have started the green card application process but are not yet a holder, you must file Form I-131 to travel outside the United States. This will serve as an advance parole document and allow you to leave the country before receiving your LPR status or green card.

It is crucial to file these documents before leaving the United States. Upon your return, this ensures a smooth interaction with Customs and Border Protection (CBP). It also prevents challenges at the port of entry and the risk of deportation or being denied reentry into the United States.

Green Card Travel Rules for Prospective​ U.S. Citizens

If you are an LPR wanting to become a naturalized citizen, travel outside the U.S. may be limited by continuous residency requirements. Generally, you must have been physically present in the U.S. for at least 30 months out of the previous five years to establish continuous residency. If you fail to meet this threshold, you may still be eligible for naturalization if you can prove that the absence was not an abandonment of resident status.

Therefore, limiting trips abroad to six months or less is advisable. If you wish to become a citizen but plan to be absent for more than one year for specific employment purposes, you may file an Application to Preserve Residence for Naturalization Purposes (Form N-470) and pay the filing fee.

Traveling While Your Green Card Application Is Pending

Find answers below to questions about traveling abroad while a green card application is pending. The information explains the process and eligibility for traveling outside the U.S. while awaiting a change in immigration status. This knowledge will also help you avoid unintentionally abandoning your application.

I’ve Sent in My Lawful Permanent Resident Status Application, but I Am Still Waiting for My Green Card To Arrive. I Would Like To Visit Another Country. Can I Travel Without a Green Card?

Suppose a foreign national applied for it, but their application is still pending with USCIS. In that case, two documents usually do not take too long to acquire. The first is the Employment Authorization Document (EAD card).

The second document, the EAD card, will also allow you to work in the U.S. with advance travel parole, enabling you to leave without a green card. Complete the Application for Travel Document (I-131 form) to start the advance travel parole application process.

When I Came to the U.S., I Was a Lawful Permanent Resident (LPR). I Am Still Waiting for Green Card Delivery. I Would Like To Visit My Family Members Outside the Country. Will I Be Let Back Into the U.S.?

You can travel without a green card because you are already a lawful permanent resident.

Upon arrival at the port of entry, U.S. Customs and Border Protection (CBP) officers will stamp your passport with an I-551 stamp. The I-551 stamp is also called the Temporary Proof of Legal Residence stamp. This will serve as temporary proof of your status as a permanent resident. It is usually valid for up to one year from the stamped date.

But the USCIS officer may also determine at the time of admission the length of validity of the stamp. This change is a welcome development from the U.S. government, given the original six-month period and the fact that the green card could take months to be issued.

With the stamp, working as a temporary travel pass, you can freely do international travel and go in and out of the U.S. In addition to checking this stamped expiration date, you should also check when your passport expires. You can locate this data on the same page as your photo. If your passport has expired or will expire while you’re outside the USA, you need to renew it.

As a green card holder, you could contact your country’s embassy office to renew your passport. You could also consider renewing your passport when you visit your home country.

Disclaimer: Renewal of passports online on the U.S. Department of State’s website is only available to U.S. passport holders. The service is not available to green card holders.

Keep the old passport with you because it has your permanent residence stamp. While you are away, leave a copy of your passport and permanent residence stamp with someone in the U.S. That way, if your passport is lost or stolen, someone can fax a copy of your passport and permanent residence stamp to the nearest U.S. consulate or embassy. The U.S. embassy will help you travel without a green card.

Be careful not to stay outside the U.S. for too long or give any impression of your intending to live outside the U.S. Staying outside the U.S. for an extended period could create a presumption of abandonment of your permanent resident status in the U.S.

However, if you plan to stay overseas for over a year, apply for a reentry permit or returning resident visa. It is still crucial to show your intent to keep your permanent residence status in the United States.

Can I Work While Waiting for My Green Card?

The USCIS must approve your work permit (EAD card) first. To work while you await adjustment of status, you must submit an Application for Employment Authorization. If you’re approved, you’ll be able to work in the U.S. while your green card application is reviewed, and your Employment Authorization also serves as proof to an employer that you’re lawfully allowed to work.

Green Card Questions? Get Legal Help

You’ve spent much time and effort following the proper procedures to apply for a green card. The last thing you want is for the USCIS to declare that you have abandoned your residency. If the USCIS reaches this conclusion, you’ll have to start the process over from the beginning, pay all of the fees again, and you may have to wait in line behind other applicants.

Before you travel abroad, you must understand the requirements and procedures. This is particularly important if you have a pending green card application or are awaiting your permanent resident card.

For nonimmigrants, traveling outside of the U.S. could be worrisome. USCIS may assume you intend to abandon your application. To avoid this, ensure that you comply with immigration laws.

If you have doubts about the requirements and the process, it is best to contact an experienced immigration lawyer near you. They can give you a better understanding of the advance parole document you need to secure before going out of the U.S. They can also provide legal advice tailored to your case.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.