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Maintaining Permanent Resident Status

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Frequently Asked Questions

International Travel
U.S. Immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the U.S. for more than 12 months may result in a loss of legal permanent resident status.

U.S. Government personnel (military and direct-hire civil service employees), their spouses and minor children who hold legal resident status in the United States may remain outside of the United States for the duration of an official overseas assignment plus four months without losing their immigrant status. All other immigrants who hold U.S. resident status and reside out of the United States for more than 12 months without prior approval from U.S. Citizenship and Immigration Services (USCIS, formerly U.S. INS) must obtain a new immigrant visa to return to the United States. Prior approval from USCIS consists of a re-entry permit which can only be applied for in the United States. The holder of a USCIS re-entry permit may remain outside of the United States up to 24 months. For more details on applying for a reentry permit please visit the USCIS website.

A former immigrant who has lost U.S. resident status and desires to return to the United States as an immigrant must obtain a new immigrant visa based on either an approved immigrant petition or returning resident status. A U.S. relative (spouse, parent, offspring or sibling) or U.S. employer may file an immigrant petition on behalf of the former immigrant in the normal manner. Information on the various types of immigrant and employment based petitions are contained elsewhere in this website.

The second way is for the immigrant to apply for returning resident status. An application for returning resident status requires evidence of the applicant's continuing, unbroken ties to the United States, that the stay outside the United States was truly beyond the applicant's control and that the intent of the applicant was to always return to the United States. Evidence may consist of continuous compliance with U.S. tax law, ownership of property and assets in the United States and maintenance of U.S. licenses and memberships. Having U.S. relatives, attending school overseas or stating an intent to return is generally insufficient.

To apply for returning resident status, see here.

Expired/Expiring green card
If your green card has expired or is expiring, please read the notice below:

A carrier notification letter was issued on September 13, 1999, notifying all air carriers that they should permit boarding to any bona fide Lawful Permanent Resident (LPR) in possession of an expired I-551 with a 10-year expiration date, if the expiration date on the card is the only reason that the LPR would otherwise not be boarded.

Carriers also were informed that this policy does not affect the Conditional Permanent Resident in possession of a Form I-551 with a 2-year expiration date. The Conditional Permanent Resident in possession of an expired Form I-551 must continue to have evidence that the Form I-551 expiration date has been extended.


Re-Entry Permit
If you plan to stay outside of the U.S. for more than one year but less than two years in duration, a reentry permit is needed for readmission. You must be physically present in the U.S. when you file the application (Form I-131). A reentry permit may be sent to a U.S. Embassy or consulate abroad for you to pick up, if you request it when you file your application.

Departure from the U.S. before a decision is made on a reentry permit application does not affect the application.

Generally, a re-entry permit is issued for two years from the date of issuance. However, a reentry permit issued to a conditional resident shall be valid for two years from the date of issuance or to the date the conditional resident must apply for removal of the conditions on his or her status, whichever date comes first. There are other exceptions, please contact USCIS for details.


Exceptions for family members of military service members.