Follow these rules and you’ll never lose your status as a permanent resident of the United States.
Once you receive a green card, there are only two conditions required to keep it for life. First, you must not become removable or inadmissible. The most common way of doing this is to be convicted of a serious crime.
The second requirement is that you not abandon the United States as your permanent residence. Residence, for immigration purposes, is a question of your intent when you depart the country. As long as you are not planning to make your home somewhere else, then legally you are still a resident of the United States. Problems arise, however, because the U.S. Citizenship and Immigration Services (USCIS) will try to judge your intention by the way you act.
As a general rule, if you have a green card and leave the United States for more than one year, you may have a difficult time reentering the country. That is because the USCIS feels an absence of longer than one year indicates a possible abandonment of U.S. residence. Even if you do return before one year is up, you may run into trouble. To avoid a full-scale inspection, you should return within six months.
It is a common misconception that to keep your green card all you need to do is enter the United States at least once a year. The fact is that if you ever leave with the intention of making some other country your permanent home, you give up your U.S. residency when you go. Once again, the USCIS will look to your behavior for signals that your real place of residence is not the United States.
On the other hand, remaining outside the United State for more than one year does not mean you have automatically given up your green card. If your absence was intended from the start to be only temporary, you may still keep your permanent resident status. Staying away for more than one year does mean, however, that you may no longer use your green card as a U.S. entry document. Under these circumstances, you must either apply at a U.S. consulate for a special immigrant visa as a returning resident or you must get what is known as a reentry permit.
Reentry Permits
Reentry permits are for people who hold green cards and know in advance that they must be outside the United States for more than one year. Under such circumstances, the USCIS can allow you to stay away for up to two years. You should apply for this privilege before leaving. If the application is approved, a reentry permit will be issued. The permit will help you prove that your absence from the United States is not an abandonment of residence. It also serves as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
Returning Resident Visas
If you stay outside the United States for more than one year and do not get a reentry permit before leaving, you must apply at a U.S. consulate abroad for a special immigrant visa as a returning resident. To get this visa you must convince the consular officer that your absence from the United States has been temporary and you never planned to abandon your U.S. residence. You will have to show evidence that you were kept away longer than one year due to unforeseen circumstances. Such evidence might be a letter from a doctor showing that you or a family member had a medical problem. If you do not have a very good reason for failing to return within one year, there is a strong chance you will lose your green card.
The Commuter Exception
Green card holders who commute to work in the U.S. from Canada or Mexico on a daily or seasonal basis may keep their cards even while actually living outside the country. USCIS will grant you commuter status if, when you get a green card, you advise them of your intention to live in Canada or Mexico. If you live in the U.S. with a green card but later move to the other side of the border, you will be given commuter status when you notify USCIS of your new address.
Article content © 2002 Nolo.com
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