Green Card Holder Travel Risks

Understanding travel restrictions is vital for green card holders or lawful permanent residents (LPRs) when considering traveling abroad. Under the current administration, green card holders face a new landscape, and knowing how these changes affect them is essential.

Under current guidelines, green card holders are permitted to travel abroad for up to one year. Despite this policy, however, they face more scrutiny from U.S. Customs and Border Protection (CBP) upon returning to the United States.

Risks for Green Card Holders Traveling Abroad

Re-entry risks have always existed for green card holders who travel abroad, but it appears that the risks have become greater for some travelers under the current administration. Consideration of these risks is key when making travel arrangements. If you have any questions about the risks you might personally face as an LPR  traveling abroad, contact our knowledgeable immigration attorneys.

Re-Entry Issues for Permanent Residents

When returning from traveling abroad, several problems can occur. U.S. Customs and Border Protection will consider factors such as the length of time you were away, your documentation, the country you visited, and the possibility that you have abandoned your permanent resident status.

Length of Time

If you have been out of the country for six months or more, it may raise concerns with CBP. If this is the case, you may be questioned further and should be prepared to prove your intent to return to the United States. Proof may include evidence of your U.S. address, employment, and family ties.

Documentation

Your documentation is also crucial for re-entry. Make sure to renew your green card before you travel if it is close to expiring. If your green card is lost or stolen while abroad, you must report it to the nearest embassy or consulate of the country you are visiting.

If your card is lost or stolen, you can apply for a boarding foil (also known as a transportation letter) using Form I-131A, Application for Carrier Documentation, to travel back to the U.S. After your return, you must apply for a replacement green card.

High-Risk Countries

If you travel to a country that the U.S. considers high-risk or subject to travel restrictions, you may experience extra security checks and more intense scrutiny by CBP upon re-entry. Before traveling, find out if the U.S. sanctions the country you are visiting. If so, you should reconsider your travel plans.

Green Card Abandonment Risks

Another significant risk is that CBP may decide you have abandoned your green card. If you are absent from the U.S. for a year or longer without a re-entry permit, you could be denied re-entry.

A re-entry permit, Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, will help in this circumstance, but you may have to apply for a new immigrant visa.

U.S Travel Rules for Non-Citizens

Adhere to guidelines closely to avoid re-entry risks while traveling abroad. Extra caution is recommended because traveling regulations are constantly changing. Our attorneys stay current as changes occur.

Present Required Re-Entry Documents

Upon re-entry, you must present your green card and a valid passport from your country of nationality. CBP will also examine other identifying documents, such as a foreign national I.D. card or U.S. driver’s license.

Adhere to Travel Time Limits

Expect further questions from CBP if you are absent over six months. If you are planning a long trip abroad, be prepared to provide evidence of your intent to maintain your permanent residence status.

Be sure to:

• Maintain your U.S. residence.
• Maintain your U.S. employment.
• Maintain ties with family members in the U.S.
• File your U.S. tax return.

Traveling outside of the U.S. for over one year increases the chances of being denied re-entry.

Avoid High-Risk Countries

We recommend avoiding traveling to high-risk countries. Current high-risk countries include, but are not limited to, North Korea, Iran, Cuba, Sudan, Syria, and Ukraine.

Before traveling abroad, find out if the country you want to visit is considered high-risk.

Prevent Green Card Abandonment

The best way to avoid any suspicion from CBP of green card abandonment is to never leave the country for more than a year. If you are gone for over a year, you could lose your permanent residence status. This is a serious consequence; if it occurs, an immigration lawyer is vital for appealing your case.

Consult an Immigration Attorney Before Traveling

Right now, there are increased risks to green card holders traveling abroad. The increased CBP scrutiny for green card holders attempting to reenter the country means strictly adhering to travel guidelines to keep yourself safe. Following permanent resident travel guidelines will assist in avoiding potential travel risks.

If you have questions or concerns, don’t hesitate to consult our immigration attorneys before traveling. In addition, keep our contact information with you at all times.

We are here to help you re-enter the United States from traveling abroad safely and without any negative consequences.