It took you years to reach your current status in the United States. You originally came here on a visa. You then met your spouse and obtained a green card through marriage, allowing you to become a permanent resident. It’s been a long process, and you want to make sure that you don’t jeopardize your status in any way.
At the same time, you’d like to travel and return to your home country. Perhaps you want to visit friends or relatives who still live there. Are you allowed to do so if you have a green card?
Abandoning your permanent resident status
Generally speaking, yes, you can travel outside of the United States. Brief trips, such as a vacation to your home country, shouldn’t pose a problem. You should be allowed to re-enter the U.S. as normal.
The trouble comes if the government believes that you never intended to make a permanent home in the United States. They can then claim that you have abandoned your permanent resident status by leaving the country.
For example, if you obtained a green card and then returned to your home country, where you lived for more than a year, the government may take away your permanent resident status. From their perspective, you still consider yourself a resident of your home country, which is where you truly live.
The length of time you spend outside of the U.S. isn’t the only factor that will be considered. The government may also check to see if you have a U.S. bank account, a mailing address or a driver’s license. If you own property or a business, this can also help demonstrate that you intend to stay in the United States long-term. However, the most important thing to do is to avoid leaving for more than 12 months in a row.
Addressing potential complications
If you do travel and find your status in question, or if there are complications that could impact your future in the U.S., be sure you understand the legal steps to take.
