Reentering the U.S. after a prolonged absence

Overseas travel of more than one year is still necessary after the initial two-year period, a person can again apply for a reentry permit, which, if successful, will allow an additional two-year absence from the US without compromising the green card’s validity

US permanent residents (or ”green card” holders) are required by law to stay and live permanently in the US as a condition of their permanent resident status.

However, to live permanently doesn’t mean a person is not allowed to embark on short-duration foreign trips.

As a matter of regulatory policy, a continuous absence of one year or more from the US is considered prima facie evidence of intent to abandon a person’s US permanent residency, which can trigger revocation of a green card and loss of permanent resident status.

In some cases, even overseas trips of less than one year can catch the attention of the US border authorities. If the overseas trip exceeds six months and is preceded by multiple foreign travels of notable frequency, it can lead to a secondary immigration inspection and possible green card cancellation.

From the US government’s viewpoint, a US permanent resident is expected to make America his primary home, not a temporary place of abode. Thus, if a person cannot maintain a permanent domiciliary presence in the US, the person has no business possessing a green card.

But what if a person needs to be continuously away for a year or more, for example, to attend to an important personal or business matter overseas?

What options are available to avoid triggering the green card abandonment rule?

The first option, if multiple trips of ephemeral duration are not alternatively available for practical reasons, is to apply for a “reentry permit” before departing from the US.

A reentry permit, once granted, will allow a green card holder to remain outside the US for up to two years, provided a return entry is made within the permit’s validity period. If additional overseas travel of more than one year is still necessary after the initial two-year period, a person can again apply for a reentry permit, which, if successful, will allow an additional two-year absence from the US without compromising the green card’s validity. However, the second and succeeding reentry permit applications are expected to invite stringent scrutiny from the USCIS. The applicant is, therefore, hardpressed to present additional compelling evidence to justify the prolonged and repeated absences in the US in order to rebut the presumption of permanent residency abandonment.

But what would happen if a green card holder, for reasons beyond the person’s control and without real intent to abandon the US residency, remains outside the country for over a year (without a reentry permit) or beyond two years (with a reentry permit)?

This could happen if, for instance, a person contracts a serious illness or disease while traveling abroad that impedes the person’s original reentry plans, or if an unexpected personal or business emergency causes a failure or delay in returning to the US within the required regulatory timeframe.

In situations of this nature, there is the option of applying for a Returning Resident (SB-1) visa. However, this type of visa can only be issued in very limited circumstances, foremost among which are the unforeseeable nature of the emergency and the negligible length of the delay.

Medical emergencies and job-related reasons involving a US company are two of the most common grounds for granting an SB-1 visa, provided that the delay is reasonable and substantial evidence exists to demonstrate the applicant’s social, economic, and family ties to the US.

However, to avoid potential reentry issues, a green card holder may consider applying for US citizenship to neutralize the ill effects of prolonged absences in the US.