Green Card Holders Travelling Abroad
When you become a Green Card holder in the US via the EB5 investment visa, this means that you have been granted permanent residence and have made the US your permanent home. As such, to remain a permanent resident the US must be your primary home and any departures from the US must be on a temporary basis and you must have full intent to return to your home in the US.
If it is determined that you no longer intend to make the United States your permanent home, USCIS may determine that you have abandoned your permanent resident status.
Your Intent When Travelling Internationally
When you leave the US, your intentions are important. If when you leave the country it is for business or to visit family abroad, you must have full intention to return to your permanent place of residence in the U.S and you can demonstrate this with evidence if questioned.
To determine the intent, the USCIS may look at the strength of your connections to the US. For example, they may look at what family you have in the US, your historical travel patterns, whether you own property or operate a business, your bank accounts, drivers license; these factors may then be used as a comparison between connections you may have outside the US
How long can I stay outside the U.S.
As a legal permanent resident (LPR), generally you may travel outside the US for less than 6 months in a given year without being considered to have abandoned your permanent residence status.
- If you are abroad for more than six consecutive months, you may be asked to prove that you did not abandon your US residence.
- Absences abroad of more than six months but less than 1 year create a reasonable presumption that you no longer intend to make the US your permanent residence.
- A stay outside of the United States for more than 1 year would imply you have abandoned your permanent resident status.
- Returning to the U.S. a few times a year for a few weeks to use the green card is not enough.
Abandoning Permanent Resident Status
You may be found to have abandoned your permanent resident status if you:
- Move to another country intending to live there permanently
- Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
- Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
- Fail to file income tax returns while living outside of the United States for any period
- Declare yourself a "non-immigrant" on your tax returns