Naturalization

You have come to the United States and want to make it your home. You may have gone through the immigration process and become a lawful permanent resident, but it is your hope and desire to become a United States citizen...

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October 8, 2010

5 Tips When Traveling Outside the United States – Help for Permanent Residents

If you are considering traveling outside the United States as a permanent resident, you can make your vacation or business trip easier by understanding how the laws work. First and foremost is understanding what rights a permanent resident has.

Your Rights
You need to reapply for a green card – having permanent resident status – every 10 years. You will have the right to live and work in the U.S. as long as you follow all laws. If you travel, you can still return to the U.S., but you must follow certain guidelines. This includes, generally, keeping your residence here and not leaving for too extended of a period (generally over 6 months without returning). Also, if you are in another country more than the  U.S. over a long period, you may lose your green card. You still have rights, and if you’re worried consult with an immigration attorney.

What You Need to Travel
When you visit another country, you need to bring a passport from the country you are a citizen of, or a refuge travel document. Say for example you were born and raised in Brazil, but became a permanent resident of the U.S. through a job. You would need a passport from Brazil to travel to a country, such as France or England. There are some other laws involved here, namely the fact you may need a visa or to provide some other documentation to the country you’re traveling to. If you are unsure, you can visit the Department of State site at travel.state.gov for more info.

When You Return to the U.S.
You’ll need a valid green card. According the the USCIS (United States Citizenship and Immigration Service), “When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national I.D. card or U.S. Driver’s License, and determine if you can enter the United States.” As long as you have not stayed away for too long, your green card is valid, and you have noted documents, you should be fine.

What if You Stay too Long?
Generally, six months is when you are risking losing your permanent residency status. According to the USCIS, “While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home.” If you are ever unsure, consult with an attorney.

Who can help?

An immigration attorney is invaluable to consult with when traveling. There are some steps you can take to ensure you maintain your permanent residency status. If you follow the laws, are honest, consult with legal representation, and break no laws, you should have no problems in traveling.

August 6, 2010

5 Tips On International Travel as a Permanent Resident

International travel is supposed to be simple on paper, but quite often is not. If you’ve received a green card recently, if you need tips on keeping your green card if you’ve had it for some time, or if you recently lost your green card due to moving, this guide can help. We’ll go over some crucial tips you need to know in order to navigate the laws.

Keeping Permanent Residency Status (Keeping Your Green Card)
Let’s go over the facts in general. When you get a green card, becoming a permanent resident of the United States, you receive numerous benefits. You have more opportunities to maintain jobs, you can get a better education, you can apply for benefits, and you can soon enough apply for citizenship. Now, in order to keep your green card and eventually become a citizen, you need to follow U.S. laws. You can be deported for breaking laws, sometimes even minor ones. It’s a big risk if you start breaking laws enforced here. Also, in order to keep your green card, make sure you reapply on time.

If You Move
If you travel for a few months, you’ll usually have no trouble getting back into the country. If you actually move from the U.S. to another country, the government can and often does look at this as giving up your permanent residency status. If you move, and decide you want to return, you have to reapply for a green card. If you only intend to stay for a few months, if not several years, there are ways to maintain your green card, but it may be difficult.

If You Stay Too Long

If you stay much longer than six months in any other country, you risk losing your green card. So if you traveled to France, stayed a year, and decided to come back, you may be not allowed reentry. It sometimes takes longer, sometimes less, before you lose your green card. If you intend to stay for longer than six months, it’s smart to consult with a legal professional.

Planned Travel
How can you travel internationally for extended periods? You may want to try naturalization, which grants you more rights and the ability to come and go as you please. Citizenship means no more customs problems, no more green cards applications, and an easier travel experience. If you are unsure of how to travel, consulting with an experienced immigration lawyer can help.

If You Are Confused or Have More Questions
You likely worked with some immigration professionals when you first got your green card, or are about to as you apply for the first time. An immigration lawyer can help you successfully travel in and out of the United States with little problems. He or she can also help you maintain your green card and then earn citizenship. If you have further questions on international travel as a permanent resident, contact an experienced immigration lawyer.