What You Need to Know Before Leaving the United States as a Green Card Holder
If you are a lawful permanent resident (Green Card holder) and are planning to travel outside the United States, it’s important to understand the current rules before you leave.
In most cases, permanent residents can travel and return without any issues. However, there are four specific situations where you could face problems when trying to reenter the country.
Here’s what you need to know.
1. If You Have a Pending Deportation (Removal) Case
If you are a permanent resident and currently in removal proceedings before immigration court, traveling abroad can be extremely risky.
In the past, some residents with pending deportation cases were able to travel and return without major complications. However, under more recent immigration policies, there is a possibility that:
- You could be detained upon reentry.
- Your immigration case could become more complicated.
Recommendation: If you are in removal proceedings, do not travel without first consulting an experienced immigration attorney.
2. If Your Removal of Conditions Was Denied
Conditional permanent residents (for example, those who obtained residency through a recent marriage) must file to remove conditions before their status expires.
If you applied for removal of conditions and it was denied, in the past you might have been able to travel if you had a valid I-551 stamp in your passport extending your residency.
Currently, that is no longer a safe assumption. Even if you have a valid stamp in your passport, you could face detention upon returning to the United States if your case was denied.
In this situation, traveling could put your immigration status at serious risk.
3. If You Have Criminal History
Not all criminal offenses affect immigration status, but certain convictions can make a permanent resident deportable.
If you have been convicted of a deportable offense, you could:
- Face heightened inspection at the port of entry.
- Be detained.
- Be placed in removal proceedings upon return.
Even older convictions may trigger immigration consequences. Before traveling, it is critical to have an immigration attorney review your criminal history to assess any potential risk.
4. If You Have Been Outside the United States for an Extended Period
Lawful permanent residence requires the intention to live permanently in the United States.
If you remain outside the country for:
- More than 6 months, you may face questioning about whether you abandoned your residency.
- More than 1 year without first applying for a Reentry Permit, you could be placed in removal proceedings for allegedly abandoning your permanent resident status.
A Reentry Permit must be requested before leaving the United States if you plan to remain abroad for an extended period.
Staying outside the country for more than one year without this permit is one of the most common reasons permanent residents encounter problems upon return.
It’s Better to Be Safe Than Sorry
In general, permanent residents can travel without difficulty. However, if you fall into any of these four categories:
- Pending removal proceedings
- Denied removal of conditions
- Criminal history
- Extended absences without a Reentry Permit
You should consult with an immigration attorney before booking your flight.
If you have questions about your immigration situation, schedule a legal consultation with us before you leave the country. When it comes to immigration, prevention is always the best strategy.