With the U.S. government implementing stricter immigration policies, Green Card holders returning to the U.S. after an extended stay abroad are facing heightened scrutiny. This has caused concern among many Green Card holders.
Legal experts and immigration attorneys advise Green Card holders to carry additional documents to facilitate a smooth reentry process. New York-based Immigration Attorney Bashu Phulara emphasizes that maintaining strong ties to the U.S. is crucial for avoiding complications at the border.
According to immigration laws, a Green Card holder’s primary residence must be in the U.S. They should maintain a U.S. address, hold an active bank account, file tax returns on worldwide income, and keep their driver’s license updated. Additionally, continuous employment in the U.S. strengthens residency claims.
Phulara explains, “CBP officers may question you about your stay abroad and your intent to maintain U.S. residency. Be prepared to show proof that you did not abandon your permanent resident status.” He recommends carrying valid documentation, including a Green Card (Form I-551) and a Reentry Permit if absent for over a year.
Generally, absences of fewer than six months do not pose significant issues. However, multiple short visits to the U.S. with prolonged stays abroad may raise red flags. If a Green Card holder has been outside the U.S. for more than six months but less than a year, they may be subject to additional questioning.
For those absent for over a year without a Reentry Permit, Phulara warns, “An absence of over one year without a Reentry Permit may result in the loss of your Green Card. Even stays exceeding six months can trigger additional scrutiny and affect your eligibility for U.S. citizenship.”
If returning after a long stay abroad, he advises carrying tax returns, property ownership records, bank statements, and employment verification documents. “If your stay abroad was prolonged due to medical reasons, family emergencies, or travel restrictions, carry supporting evidence such as medical reports, employer letters, or legal paperwork to justify your case,” he adds.
If CBP officers suspect that a Green Card holder has abandoned residency, they may be sent to secondary inspection for further questioning. In some cases, CBP may issue a warning and allow entry. However, officers can also refer the case to an immigration judge.
Phulara advises, “If CBP detains you, refers your case to an immigration judge, or questions your residency, seek legal assistance immediately. Legal remedies may include filing a motion, applying for a new immigrant visa, or contesting abandonment in immigration court.”
For those who remained outside the U.S. for over a year without a Reentry Permit, Phulara suggests applying for an SB-1 Returning Resident Visa at a U.S. embassy before returning. “You must prove that your long absence was beyond your control and that you always intended to return to the U.S.,” he explains.
To avoid complications, Phulara recommends that Green Card holders planning extended travel apply for a Reentry Permit (Form I-131) before leaving the U.S. Additionally, maintaining strong ties to the U.S., such as keeping a valid address, filing taxes as a resident, and avoiding prolonged absences, can prevent residency abandonment issues.
Legal experts also recommend carrying some of the following documents: the last three months’ pay stubs, an employment verification letter, the previous year’s W-2 form, a copy of federal tax returns, updated U.S. bank account records, lease or mortgage documents, homeownership records, vehicle ownership documents, proof of active health insurance, and a valid U.S. driver’s license. Having these readily available can help streamline the immigration process and prevent unnecessary complications.
“Returning to the U.S. after a long absence can have serious immigration consequences. If you are unsure about your status, consult an immigration attorney before traveling or if facing complications upon your return,” Phulara advises.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
