Congratulations! So you’ve successfully passed all the administrative hurdles and obtained a Green Card - you’ve arrived in the U.S. and started working on your new life here. Now at some point, there may come a day when you need or want to leave the U.S. to head back to your home country, go on a honeymoon, or conduct business elsewhere. While there is no formal prohibition against Green Card holders leaving the U.S. and returning, you must understand that Lawful Permanent Resident status is not granted lightly, and that immigration authorities do have certain expectations for Green Card holders.

Today, we’ll have a more detailed look into the Do’s and Don’ts for Green Card holders, what some of the reasoning behind these limitations are and how you may bypass them. In the end, I will share with you some of the general advice I usually give to my LPR clients when they are considering traveling abroad.

What does it mean to be a Green Card Holder?

As a Green Card holder, you are granted the right to live and work in the U.S. The difference is, of course, that U.S. citizens enjoy unconditional constitutional rights and hold certain responsibilities that do not apply to residents. 

Although a Green Card holder is considered a “Permanent” resident, this permit still holds an expiry date and needs to be renewed periodically, which means that certain conditions do apply.

In a way, the intention of the Green Card is to act as a “probational” stage, with the ultimate purpose for the Lawful Permanent Resident being to obtain full U.S. citizenship. If you do not comply with certain conditions, you thus risk either losing your Green Card or not getting it renewed once it expires. 

Some of these conditions are formally established, but when it comes to exiting and re-entering the country, you must keep in mind that the decision to allow or deny entry always comes down, in the end, to the discretion of the U.S. Customs and Border Protection Officer at your port of entry. 

If the CBP Officer you are dealing with upon re-entry gets the wrong impression, he may decide to refuse entry, even if you haven’t broken any “formal” rules. It is therefore very important to make sure you understand the expectations and how to mitigate against possible misunderstandings at the border when you return.

What are the expectations for Green Card holders?

As mentioned above, you may think of the LPR status as a sort of “probation” on the way to becoming a U.S. citizen. Authorities thus expect Green Card holders to demonstrate commitment to their decision to immigrate, by building a strong foundation and solid ties to the U.S. which should outweigh the interests you have in your country of origin.

Thus, if it appears as though you spend most of your time abroad, this may raise a question mark as to how seriously committed you are on your path to becoming a citizen.

For how long am I allowed to leave the U.S.? 

Formally, while holding a Green Card, you may not leave the U.S. for a period longer than 12 months. If you can avoid leaving U.S. territory at all, this is for the better.

If you do absolutely need to travel outside the U.S., it is wise to apply for a re-entry permit, which must be done prior to your departure. You cannot apply for, or extend a re-entry permit once outside the U.S. A re-entry permit will allow you to leave the U.S. until its expiry date.

Any Green Card holder who remains outside U.S. territory for 6 months can be questioned at re-entry. And any Green Card holder who remains outside U.S. territory for more than 12 months OR past the expiry date of their re-entry permit can be considered to have abandoned their LPR status.

Keep in mind that only Border Protection Officers (BPO) have the final authority to grant you access into the U.S. BPO’s need to process thousands of people on a daily basis, and need to be able to assess your case very quickly. If they have any doubt, they may estimate that you are pushing the limits of your LPR status, and they have the authority to deny you entry.

I absolutely need to travel outside the U.S. - how can I make sure I am allowed back in?

Primarily, if you are a Green Card holder, the Border Protection Officer will want to confirm that you have strong ties to the U.S. and are leading a stable life. In order to help the BPO make this assessment in the very limited time they have available, you should have at hand legalized copies of any documents which can help demonstrate such ties such as:

• Real estate property deeds
• House rental contracts
• Utility bills
• Employment contracts
• Bank statements
• Etc…

If there is any risk at all that you might have to remain outside the U.S. for a period longer than 12 months, it is absolutely imperative that you apply for a re-entry permit (SB-1, Returning Resident Visa) well before your planned date of departure. Do not leave without having received your SB-1 visa, and do not let it expire, or you will lose your Green Card. Typically, an SB-1 Visa has a maximum validity of 2 years.

I have applied for a Green Card but haven’t received it yet - can I travel outside the U.S. for an emergency?

If it is an emergency situation, and your Green Card application is in progress (for instance, after entering the U.S. on a K-1 visa and getting married), you may be permitted to leave the U.S. and re-enter if you apply for advance parole.

Advance parole is requested with the U.S. Citizenship and Immigration Service (USCIS) through form I-131. You need to have your application approved before leaving the U.S., or you will have to restart your Green Card application process.

Do you really need to travel abroad?

While considering whether they really need to travel abroad, I usually go through the following list with my clients before going into the specifics or moving ahead with any travel plans.

1. Can you wait until you have received your U.S. citizenship?

If you have had LPR status for a couple of years, consider postponing your travel plans until after you have received U.S. citizenship. Citizenship is for life, and cannot be revoked (apart for some very exceptional cases), nor can entry be refused to a U.S. citizen.

2. So you want to go on a honeymoon; have you considered alternative destinations?

Many of my K-1 clients want to travel to exotic destinations for their honeymoons; after all, you only get to do it once and want to make it an unforgettable trip. But have you considered some of the U.S. territories around the world that offer absolutely breathtaking sceneries, lavish entertainment, and full immersion into local culture that will not feel like you are in the U.S. at all.

Think of Hawaii, Puerto Rico, Guam, American Samoa, the Northern Mariana’s or the U.S. Virgin Islands. You can travel freely and without ever crossing a border to any of these fantastic destinations - and you likely will be far from disappointed with the experience.

3. You need to meet with relatives or friends for important private matters; have you considered getting them to travel to you instead?

As a Green Card holder, you can considerably facilitate the process for your friends or relatives to apply for a visa to come visit you in the United States. Until you have your citizenship, this may often be the best option to meet in person with your loved ones, if at all possible.

As a final word, I would like to remind you that the above are broad general rules of thumb, designed to help you better understand the limitations and avoid simple mistakes. Green Card holders should be well aware that certain limitations and conditions still apply to them, and that they should not take the Lawful Permanent Resident status lightly.

Nevertheless, every case is unique, and we advise you to review your case with an immigration attorney to analyze your specific situation.

The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are for general informational purposes only.