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WORRIED ABOUT RETURNING TO THE UNITED STATES WITH A GREEN CARD?
After incidents in the news of lawful permanent residents (LPR) being detained when coming back to the United States, we have received many calls from LPRs about reentering the United States after travel abroad.
Who should be worried when returning to the United States?
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LPRs with Arrests or Convictions: Anyone who has been arrested after getting their green card or has had any run in with police, in any country, can be flagged even if their case has been resolved. Some criminal convictions can make a person deportable.
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LPRs living abroad or spending more than 6 months abroad: Anyone with a green card is required to maintain their primary residence in the United States. Spending more time abroad than in the United States in any given 12 months could result in abandonment of LPR status. The actual green card document is no longer valid as a travel document if a person has been outside of the United States for more than one year.
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LPRs who have not been filing U.S. tax returns or file as a “non-resident”: LPRs are required to file U.S. tax returns on an annual basis as a resident of the United States.
If any of the above apply to you, you should consult with an immigration attorney before returning to the United States.
What does it mean to have a green card? Maintaining lawful permanent resident status in the United States requires people to have their primary residence in the United States.
NOTE: If a person is residing abroad with a green card, returning to the United States once every six months is NOT sufficient to maintain their residence.
What can people do if they are worried about their green card status?
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Apply for U.S. citizenship: If a person is eligible to apply for U.S. citizenship, we recommend doing it. Most people are eligible to apply for U.S. citizenship if they have had their green card for at least 5 years and have been in the United States at least half of that time without any absence of more than 6 months. If a person acquired LPR status based upon marriage to a U.S. citizen, then the period is only three years. The USCIS looks at the five- or three-year period prior to filing the application. The person must also be a person of good moral character and be up to date on their U.S. taxes.
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Apply for a Reentry Permit: If you have been outside of the United States for an extended period or intend to do so, applying for a reentry permit can help maintain your LPR status. To file an application for a reentry permit, one must be physically present in the United States and then possibly be present to have biometrics taken several weeks later.
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Maintain sufficient ties to the United States: All LPRs should have evidence that they maintain their primary residence in the United States, even if they have a reentry permit. This includes evidence such as: maintaining a home or residence in the United States, filing U.S. tax returns as a resident and not as a non-resident, maintaining a driver’s license, bank accounts, credit cards, and other indiciators that their primary residence is in the United States.
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Proactively give up their green card: If they don't want to reside in the United States, they can file Form I-407 to give up their green card. But of course, they should seek tax advice before doing this!
If you are ready to move forward with your application for naturalization or a reentry permit, T&R is here to help. If you have questions about your status as an LPR, please schedule a consultation to review your specific facts.
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