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.