Green Card Holders: Know Your Rights While Traveling

Permanent residents of the United States (Green Card Holders) are free to travel outside the country, but coming back to the U.S. can sometimes be stressful. Some recent news reports show customs officers putting pressure on travelers. Some officers have even asked green card holders to sign forms giving up their permanent resident status.

This article will explain:

• Your rights when you travel as a green card holder
• What might happen when you return to the U.S.
• How to protect your green card status

Your Rights When Traveling As A Green Card Holder

As a lawful permanent resident (LPR), you have these rights:

• You can live and work in the United States
• You can travel temporarily outside the U.S.
• You can have a hearing with an immigration judge if your status is ever challenged

Important Point: Most Of The Time, Re-entering The United States Is Quick And Easy

You might get extra questions (secondary inspection) for these main reasons:

1. Random Selection

Sometimes, officers pick people randomly for more questions. This is normal and usually nothing to worry about.

2. Long Trips (More Than 6 Months)

If you have been outside the U.S. for more than 6 months, officers will likely ask you more questions. They want to see proof that you still live in the U.S. If you plan ahead, you can easily show this proof. We will explain how below.

3. Travel to Certain Countries

If you visit countries like North Korea or Iran, officers may ask extra questions about what you did there.

4. Past Criminal Convictions

If you have been convicted of crimes in the past, you will probably get extra questions. If you have a criminal record, talk to an immigration lawyer before you travel.

What To Expect When Coming Back To The U.S.

Let's look at the situations you're likely to see as a green card holder traveling back to the United States after a trip to your home country.

Routine Re-entry - Trips Less Than 6 Months

Stress Level: Low 😎

When you return from a trip abroad that lasted less than six months, re-entry is typically straightforward:

• Wait in the line for green card holders
• Present your valid, unexpired green card to the officer
• Answer simple questions about your trip
• Fill out customs forms as needed

That's it! Welcome home!

Secondary Inspection - Trips between 6-12 Months

Stress Level: Medium 🤔

If you've been away for more than 6 months but less than a year:

• Officers may ask you to wait in a separate area
• They may ask if you have given up living in the U.S.
• They will ask detailed questions about your life in the U.S.
• They might check your U.S. job, home, family connections, and tax history

How to prepare:

Most questions will be about your life in the U.S. Before you return, bring documents that prove you really live in the United States, such as:

• U.S. tax returns
• Home rental or mortgage papers
• Employment verification
• Documents showing family in the U.S.
• Medical records (if health issues caused your long stay away)

Worst case scenario - Trips Over 1 Year

Stress Level: High 😬

If you stay outside the U.S. for more than one year, coming back will be difficult. Your green card is no longer valid for re-entry, and officers may think you have given up your permanent resident status.

You will need to explain why you were away so long. Bring documents showing your time abroad was temporary and necessary. If the officer believes your reasons, they will let you enter the U.S.

If the officer does not believe your reasons, two things might happen:

The Officer Gives You A Notice to Appear (NTA) For Removal Proceedings

This paper tells you when to meet with an immigration judge. The judge will make the final decision about your status. You can enter the U.S., but you MUST go to this hearing.

The Officer Asks You To Sign Form I-407 (Abandonment of Lawful Permanent Resident Status)

This form means you give up your green card status. If you sign it, you will be sent back to your home country immediately.

If you voluntarily give up your permanent resident status, you will be immediately deported back to your home country.

VERY IMPORTANT: DO NOT sign Form I-407 if you want to keep your green card. You have the right to appear before an immigration judge who will make the final determination.

If presented with Form I-407, politely say:

"I do not wish to abandon my permanent resident status, and I would like to speak with an immigration judge."

How to prepare:

If you know you will be outside the U.S. for more than a year, apply for a re-entry permit or a returning resident visa (SB-1) before you travel. We explain more about these documents below.

Here is a document you can save to your phone that explains your travel rights as a green card holder:

Click here to download a printable version of this card

Preserving Your Status During Extended Travel

Naturalization Considerations

If you can become a U.S. citizen, you won't need to worry about losing your green card when traveling:

• Usually requires 5 years with a green card (3 years if married to a U.S. citizen)
• You must be physically in the U.S. for at least half of that time
• Try not to take trips longer than 6 months

Learn more about the naturalization process.

Re-entry Permits

If you plan to be outside the U.S. for more than one year but less than two years, a re-entry permit is essential:

• File Form I-131 (Application for Travel Document) before leaving the U.S.
• Attend your biometrics appointment in the U.S.
• Valid for up to two years and cannot be extended
• Processing times typically range from 10-12 months

Returning Resident Visa (SB-1)

If your re-entry permit has expired or you never obtained one, and you've been abroad for over one year due to circumstances beyond your control, you may qualify for a Returning Resident Visa (SB-1):

• Apply at a U.S. embassy or consulate in your current country
• Submit Form DS-117 and supporting documentation
• Demonstrate that your extended absence was due to circumstances beyond your control
• Prove your intention to return to the U.S. throughout your absence

Documentation you will need:

• Evidence of compelling circumstances (Ex: medical reports, death certificates)
• Proof of continuous U.S. ties (Ex: property ownership, tax returns)
• Evidence that you intended to return to the U.S. within one year of departure

How to Handle Difficult Encounters at the Border

If Questioned About Giving Up Your Permanent Residence

• Remain calm and polite
• Explain that you always planned to return to the U.S.
• Show your documents that prove your connections to the U.S.
• Ask to speak with a supervisor if needed
• If they still won't let you in, ask for a hearing with an immigration judge

If Asked to Sign Form I-407

• Do not sign if you want to keep your green card
• State clearly: "I do not wish to abandon my permanent resident status"
• Ask to speak with an immigration judge
• Remember: Only an immigration judge can make the final determination regarding abandonment

How to Protect Your Green Card Status

1. Maintain strong U.S. ties: Keep your U.S. address, bank accounts, driver's license, and employment
2. File U.S. taxes: Continue filing as a U.S. resident even when abroad
3. Document your travel purpose: Maintain evidence showing the temporary nature of your travel
4. Keep trips under 180 days: Try to keep international trips to under 180 days at a time

Conclusion

Green card holders can travel outside the U.S., but long absences can put your status at risk. Knowing your rights, planning ahead with proper documents, and understanding how to handle difficult situations at the border are all important to keep your green card.

If you can apply for U.S. citizenship, this is the best way to travel freely without worrying about losing your status.

Learn more about all the benefits of applying for US citizenship.