How Long Can a Green Card Holder Stay Outside the United States 2021
A green card, officially known as a Permanent Resident Card, allows individuals to permanently reside and work in the United States. However, green card holders must also fulfill certain obligations to maintain their lawful permanent resident status. One of these obligations is to maintain a physical presence in the United States. So, how long can a green card holder stay outside the United States in 2021? Let’s delve into the details.
Understanding the Rules
The United States Citizenship and Immigration Services (USCIS) expects green card holders to live in the United States as their primary residence. This means that they should spend the majority of their time within the country. However, the USCIS understands that individuals may need to travel abroad for various reasons, such as family emergencies, work obligations, or educational opportunities.
The general rule is that a green card holder can stay outside the United States for up to six months without any major consequences. If you plan to be absent for more than six months but less than one year, you can apply for a re-entry permit from the USCIS before leaving. A re-entry permit is valid for up to two years and allows you to return to the United States without jeopardizing your permanent resident status.
If you need to stay outside the United States for more than one year, you should apply for a re-entry permit and also submit Form I-131, Application for a Travel Document, to the USCIS. This will help you maintain your permanent resident status while you are away. However, the USCIS will still review your case and may determine whether you have abandoned your residency.
Frequently Asked Questions
Q: What happens if I stay outside the United States for more than one year without a re-entry permit?
A: If you stay outside the United States for more than one year without a re-entry permit, the USCIS may consider it as abandonment of your permanent resident status. In such cases, you may be required to apply for a returning resident visa (SB-1) at a U.S. embassy or consulate before returning to the United States.
Q: Can I apply for a re-entry permit after staying outside the United States for more than one year?
A: Yes, you can still apply for a re-entry permit even if you have already stayed outside the United States for more than one year. However, the USCIS will carefully review your case and may require additional evidence to prove that you did not abandon your permanent resident status.
Q: How long can I stay outside the United States with a re-entry permit?
A: A re-entry permit is valid for up to two years. You can stay outside the United States for the entire duration of the permit without risking your permanent resident status. However, it is advisable to maintain strong ties to the United States during your absence to demonstrate your intent to return.
Q: Can I apply for U.S. citizenship while staying outside the United States?
A: In general, you must meet certain residency requirements to be eligible for U.S. citizenship. This includes maintaining a physical presence in the United States for a specified period. If you stay outside the United States for too long, it may affect your eligibility for naturalization. It is recommended to consult an immigration attorney for guidance in such cases.
Q: Are there any exceptions to the rules?
A: Yes, there are exceptions to the rules. For example, individuals who work for the U.S. government, including the military, and their families may be eligible for certain exemptions. Additionally, green card holders who are employed by U.S. companies abroad or are involved in international organizations may qualify for exceptions as well. It is important to consult with an immigration attorney or the USCIS for specific guidance based on your unique circumstances.
In conclusion, green card holders should be mindful of their physical presence in the United States to maintain their permanent resident status. While a green card allows you to live and work in the United States, staying outside the country for extended periods of time can impact your residency. It is important to familiarize yourself with the rules and obligations associated with being a green card holder to ensure compliance and avoid jeopardizing your status.