1. Does U.S. Immigration Provide a Complete List of Rules Of Travel for Lawful
Permanent Residents?
The US immigration law has provided a complete list of travel rules for Green Card holders. A
foreign national is granted certain rights along with permanent resident status in the country. A
Green Card holder may travel freely around the country but with few restrictions. Such travel
rules are provided by the USCIS. To travel abroad, a lawful permanent resident must present
his passport from his home country. He may also be required to hold a valid visa, according to
the requirement. In order to re-enter the country, the permanent resident will have to present
his valid Green Card at the US port of entry. He may also be required to present his passport
or some other national ID, in order to make sure that he is eligible to enter into the country.
However, a prolonged travel may affect the immigration status of a Green Card holder. People
who travel for a short period of time need not worry as a brief travel may not affect the
permanent resident status of a Green Card holder. If at any point of time, the US immigration
officers determine that you do not have an intention to reside permanently in the United
States, your immigration status may be at risk. US immigration officers will consider various
factors to make sure that your abroad trip is only temporary and that you do not have a plan
to abandon your status in the United States, before allowing you to enter into the country.
Your family ties in the United States, property, employment and your tax returns, play an
important role and will also help you to prove that you intend to remain permanently in the
United States. Similarly, your US mailing address, US bank accounts and your US driver's
license will also help you to prove that your absence from the country is only temporary.
You will not be allowed to re-enter America with a valid Green Card, if you had remained
outside America for more than a 365 days. However, you may obtain a re-entry permit, if you
intend to remain outside the country for less than two years. To get that permit, you need to
file Form I-131, before you leave the country. A re-entry permit will allow you to travel abroad
for a year and more, even if you are a conditional permanent resident. You need not obtain a
returning resident visa to re-enter the United States, if you hold a valid re-entry permit.
However, you will be allowed to re-enter America, only after you are considered to be
admissible, though you hold a valid re-entry permit.
A re-entry permit will not be valid if you reside in a foreign country for more than two years. In
such cases, to re-enter the United States, you need to apply for and obtain SB-1 returning
resident visa from an overseas US Embassy or Consulate. If you apply for a returning
resident visa, you will have to establish your eligibility for an immigrant visa and you also need
to undergo a medical examination. However, according to the travel rules for permanent
residents, if you remain outside the country for six months and more, you may not be able to
meet the requirements for naturalization, related to continuous residency. In such
circumstances, if you intend to travel abroad for a year or more and if you seek to preserve
your residency for naturalization purposes, according to the US immigration travel rules for
Green Card holders, you may file Form N-470, Application to Preserve Residence for
Naturalization Purposes, to do so.
Posted at immigrationins.shutterfly.com