Disclaimer: The information contained in this article is general in nature and does not constitute legal advice. You should contact Jeff Li or an immigration lawyer if you are concerned about your immigration law issues.
With a valid passport and U.S. green card, you may normally travel internationally for a few months and then return to the U.S. Make sure your green card will still be valid when you return. Even if you have a valid green card and you travelled outside the U.S. for less than a year, the border officer may still question your ties to the U.S. upon your return. So be prepared for this and have other documents, such as U.S. Driver’s Licence, ready to demonstrate you ties to the U.S.
The purpose of these questions is to satisfy the officer that you still intend to make your permanent home in the U.S., or that there is no abandonment of your U.S. permanent residence. If your trip outside the U.S. is for less than a year, you are presumed to maintain U.S. permanent resident status. However, abandonment may still be found in some cases. In making a decision, officers will consider such factors as your U.S. family and community ties, U.S employment, filing of U.S. income taxes as a resident, etc. Maintaining a U.S. mailing address, keeping U.S. bank accounts and a valid U.S. driver’s licence, and owning property in the States will also help to establish the temporary nature of your absence.
If you will be absent from the U.S. for more than one year, you are presumed to have abandoned your U.S. permanent resident status under the U.S. immigration law. In this case, you should apply for a reentry permit by filing I-131. The safest way is to obtain the Permit before leaving U.S. If you cannot wait, you may leave earlier and request to pick up your Permit in an U.S. embassy or consulate abroad, but still you need to ensure that your biometrics are collected in the U.S. if required. The reentry permit is usually valid for one year, and during this period you may return to the U.S. without having to apply for a returning resident visa.
If you have been outside the U.S. for more than one year without a reentry permit, or if you have a reentry permit which has expired, you may consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 visa is not routinely granted. Among other things, the applicant will need to establish eligibility for an immigrant visa and will need a medical exam.
If you intend to apply for U.S. citizenship, note that absences from the States of six months or more may disrupt the continuous residency required for naturalization. If you will be outside the U.S. for one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes by filing Form N-470.