Are Permanent Residents Allowed to Travel?
Lawful permanent residents (LPRs), commonly referred to as green card holders, are often worried about their rights with changing immigration laws and presidential administrations. Regardless of who is in office, though, one thing always remains true. People who are not American citizens can be denied into the United States, including visa and green card holders.
When immigration enforcement is at a high, many people choose not to travel. The risk of inadmissibility determinations, the risk of airport detention, and the need for reentry permits and waivers seems too significant. Lawful permanent residents can travel, even outside of the country, but there are important things to know first. Below, our Atlanta immigration attorney explains in further detail.
Maintaining Residency in the United States
It is imperative that green card holders show that they are currently permanent residents, and that they intend to maintain that status. Permanent residents who treat their green cards regularly and spend most of their time outside of the country, only returning to the United States when absolutely necessary, can raise concerns at ports of entry.
If an officer does not believe that a green card holder intends to be a permanent resident, they will treat the case as though the status has been abandoned. To avoid this, green card holders should not remain outside of the country for more than 180 days at a time.
Protecting Your Status While Abroad
If lawful permanent residents need to remain outside the United States for 180 days or more, it is important to apply for a reentry permit before leaving the country. Obtaining a reentry permit while still in the country can show intent to remain in the country as a permanent resident. Even if the permit is not issued while the green card holder is still in the country, applying while in the U.S. is extremely important.
It is also helpful for green card holders to travel with documents that show their ties to the United States. This can include a current driver’s license, mortgage documents, utility bills, and other evidence of an established life in America.
The Impact of a Criminal History on Reentry
Permanent residents who travel and have a criminal history for an aggravated felony or ‘crime involving moral turpitude’ can be denied entry into the United States. They may also be held without bond and even placed into removal proceedings. Today more than ever, though, permanent residents with a criminal history involving only minor crimes may face the same type of scrutiny and find it difficult to reenter the United States. Traveling with documents related to the offense can help avoid this but often, green card holders with a criminal history are often advised not to travel outside of the country.
Our Immigration Attorney in Atlanta Can Advise On Your Case
As a green card holder, you likely have many questions. Our Atlanta immigration attorney can answer them and provide the sound legal advice you need. For a consultation to discuss your case and needs, please call Shirazi Immigration Law, Inc. today at 404-523-3611.
Source:
uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident
