I Have My Green Card. Now Can I Leave the U.S.?

A green card holder can generally leave the U.S. anytime for temporary and finite absences abroad without jeopardizing their permanent residency status. If a green card holder is out of the U.S. for more than one year, Immigration takes the position that residency has been abandoned. In certain cases, even absences of less than one year can result in abandonment of permanent resident status if a person lives and works abroad, files taxes as a nonresident, or otherwise demonstrates an intention to abandon residency. DHS will look at such factors as family and employment ties in the U.S., income tax returns, memberships in clubs or religious organizations, as well as existence of a mortgage or residential lease to determine whether permanent residency in the U.S. has been abandoned. If you are planning to spend a prolonged period of time outside the U.S. and wish to maintain your green card status, it may be prudent, depending on the circumstances, to obtain a re-entry permit, which will allow you to be absent from the U.S. for as long as two years.

This is the first in a series of FAQ postings. There are many questions that come up frequently in our practice, and I intend to answer them on this blog. Stay tuned for more answers to Immigration FAQ’s.

Tags: abandonment of permanent residency, FAQ, green card, immigration, income taxes, nonresident, re-entry permit
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