What Happens to My Green Card Status if I Leave the US for a Few Years?

Understanding Your Green Card Status

By 'leave' do you mean permanently or just temporarily? If you depart the US for less than 12 months, generally nothing will happen. However, once you stay outside the US for more than 12 months, the USCIS can remove your permanent residency status. This means that it's not so much about the green card itself, but what it represents - proof of legal permanent residency. If you were to remain outside the US for an extended period, you would lose your legal permanent residency status.

Intent and Residency

If you stay out for one year or more, your intent to permanently reside in the US may be questioned. The point of a green card is to allow for permanent residency in the USA. Many people are in the same situation and are waiting for their green cards.

To reenter the US after being away for a year, you will not be able to use your green card unless you have a returning resident re-entry permit. This is clearly stated on the Department of State’s website. Returning Resident Visas are no longer valid and would have expired or be canceled if presented at a port of entry by the CBP.

Permanent Resident Requirements

Being a permanent resident requires you to be away from the US no more than 180 days per year. If you are away longer than a year without prior approval, you are considered to have abandoned your residency. If you have been out of the country almost a decade without staying in touch with the USCIS, it will be very difficult to present a compelling case for reinstating your status. Adversities can happen, and you might have had to leave without approvals, but letting everything slide for nearly 10 years indicates a lack of care for your residency status.

Reinstating Your Status

Currently, your best bet is to restart the green card process. Reinstating an old green card has a very low chance of success.

Key Takeaways:

Stay within the 180-day limit to avoid losing your residency status. Obtain a returning resident re-entry permit if you will be away for a year or more. Communicate regularly with the USCIS if you are out of the country for an extended period. Seek legal advice if you face challenges with your residency status.

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