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Be in Compliance

Ricardo Tapia

rtapia@globalpartnerslaw.com

1 (346) 442-8426

What to remember to keep your Green Card

If you hold lawful permanent resident (or Green Card) status in the United States, your green card serves as proof of your status. However, additional measures may be necessary to sustain your status, facilitate international travel without complications, or pursue naturalization as a U.S. citizen later on. Extended stays outside the United States could potentially jeopardize your permanent resident status and impact your eligibility for future naturalization.

 

It is crucial to recognize that the criteria for maintaining permanent residence status differ from those for maintaining U.S. residence for naturalization. While some requirements may overlap, it is essential to carefully consider the significant differences.

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Long Trips? Keep this in mind!

If you intend to be outside the United States continuously for a year or more—such as travel back to your home country or being assigned to a new overseas position without plans to return to the U.S. during the assignment— it's crucial to preserve your status as a Permanent Resident to ensure entry into the United States as a resident.

 

While a prolonged absence abroad doesn't automatically result in the loss of permanent resident status, the U.S. Citizenship and Immigration Services (USCIS) will surely consider this absence when determining whether you are committed to maintaining or relinquishing your status.

To maintain status for this purpose, it's necessary to maintain sufficient ties to the United States, indicating that you regard the U.S. as your permanent home. USCIS evaluates various factors to gauge your intentions, including:

  • The duration of your absence

  • The purpose of your travel

  • Whether you have a set date for returning to the United States

  • Continued filing of tax returns as a resident alien in the U.S.

  • Preservation of bank accounts, property, and a driver's license

  • The location of your family

  • The location of your employment

Trips outside the United States for less than six months do not usually pose a problem; if you stay outside the United States for less than six continuous months, you should not ordinarily have any difficulty re-entering. Trips outside the United States of between six continuous months and one continuous year in duration may raise a red flag with an immigration officer upon your return. You may need to explain your absence, but you should be readmitted to the U.S. based upon your green card, without further documentation.

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What to know to get the Citizenship

To preserve permanent resident status for naturalization purposes, individuals must adhere to specific criteria related to residence and physical presence in the United States. To qualify for naturalization, one must continuously reside in the U.S. for five years after obtaining lawful permanent residence, or three years if married to a U.S. citizen. Physical presence requirements dictate being in the U.S. for at least half of that period. Prolonged trips outside the U.S. can disrupt the continuity of residence, potentially resetting the clock for naturalization eligibility. Absences of less than six months generally do not interrupt continuous residence, but a six-month to one-year absence may break it unless a reasonable explanation is provided, such as overseas work or caregiving responsibilities.

If planning an absence of a year or more, individuals can apply to the U.S. Citizenship and Immigration Services (USCIS) for special benefits to preserve residence continuity. To qualify, one must have been physically present in the U.S. as a permanent resident for one year before the absence and be employed abroad by specific entities, such as the U.S. government or a U.S. corporation involved in foreign trade. Requesting these benefits before a one-year absence is crucial, and evidence of the absence's alignment with overseas employment is necessary.

The calculation of physical presence for naturalization differs from continuous residence. While the residence period must be continuous, physical presence can be cumulative. For instance, an individual could live in the U.S. for one year, work abroad for two years with extended absence benefits, and then return to the U.S. for two years, meeting both continuous residence and physical presence requirements. Understanding and strategically managing these requirements is vital for individuals seeking to preserve their permanent resident status for eventual naturalization.

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