Important Things Green Card Holders Need to Remember and Consider When Traveling

Customers who are Green Card holders (ie permanent residents) frequently ask me about issues they should be aware of when traveling internationally, outside of the United States.

Here are some things to consider to minimize the potential for problems at the border. After a long intercontinental flight, no one wants to find themselves in a position of being subjected to lengthy questioning by CBP officers at the airport. Particularly in situations where the Green Card holder has spent significant time (more than 6 months, typically) outside of the US, there are potential pitfalls one must be aware of, or risk lose the precious Green Card. CBP, interestingly, in their operations manual, has some good guidance on what immigration inspectors should consider when inspecting Green Card residents seeking readmission to the US.

admission, usually The CBP officer will admit a resident alien returning to an address they have not relinquished, if not otherwise inadmissible, upon presentation of a valid green card (I-551), reentry permit, travel document refugee status (indicating lawful permanent residence) or temporary evidence of LPR Status such as Travel Statmp (or ADIT stamp).

A returning resident alien is not required to present a valid passport to re-enter the US, although most will have one, as a passport is often required to enter a foreign country. When presented, the passport is normally annotated with “ARC”, and the alien’s “A” number must be written on the page with the admission stamp.

Admission after extended absences A green card holder, who has been outside the United States for more than a year (two, if presenting a reentry permit), may be seen by CBP as possibly having abandoned residence. Other indicators of possible abandonment of residence are:

(1) employment abroad,

(2) have immediate family members who are not permanent residents,

(3) arrival on a chartered flight where the majority of the passengers are non-residents with return tickets,

(4) lack of a fixed US address, or

(5) frequent extended absences from the United States.

In questionable cases, it is appropriate for CBP to request other documentation to prove residency, such as driver’s licenses and employer identification cards.

Green card holder without a green card? Lawful Permanent Residents (LPRs) who lack evidence of alien registration because they have been left at home or in a safe deposit box may obtain a visa waiver from CBP, for a fee, or defer inspection to another local CBP office. to the home of the Resident in the United States

If the LPR claims the card was lost or stolen, the POE may accept a Form I-90, Application to Replace Permanent Resident Card, for a fee. These actions can be considered once the identity of the LPR has been confirmed, preferably by verifying the data contained in CBP’s computer systems.

An LPR applying for a visa waiver must complete a Form I-193, Application for Visa or Passport Waiver, if otherwise admissible. The applicant requesting the exemption should review the information recorded on the paper form for accuracy and sign where indicated. If the waiver is approved, the LPR must receive a copy of Form I-193 and be admitted as a returning resident. If a waiver is denied, the applicant may be placed in removal proceedings before an immigration judge.

CBP officers may also use something called “deferred inspection.” This is generally limited to a green card or visa holder who:

or you will be able to produce the required document within a few days; gold,

or claims that Form I-551 has been lost or stolen, is unable to pay the Form I-90 fee at the time of initial inspection, and has not previously been deferred for filing of the Form I-551 document.

The LPR must file a Form I-90 with the US Citizenship and Immigration Services (USCIS) within the next 30 days.

Conditional Residents A conditional resident is generally admissible to the US if they apply before the second anniversary of admission for conditional residence. The conditional resident may also be admissible if they have a bill of lading (or “transportation bill”) from a US consulate, have been stationed abroad by government order, or are the spouse or child of a stationed person abroad by order of the government. Otherwise, the applicant for admission as a conditional resident must have filed a joint petition or waiver application, Form I-751 (marriage-based cases) or Form I-829 (investment-based cases), at the US within 90 days before the second anniversary, but not more than 6 months before the application for entry.

Once Form I-751 has been filed, the applicant will receive a receipt notice (I-797 Notice of Action) from USCIS, which extends conditional resident status for another year, allowing them to travel.

If none of those conditions exist, the inspector may defer the applicant filing Form I-751 or Form I-829 if there is reason to believe that the Service will approve a petition or waiver. If the applicant is not admissible, CBP has the authority to place the applicant in removal proceedings.

Question of “Meaningful Exit” When examining a green card holder who has spent significant time abroad (usually more than six months), when there is a question as to whether the LPR may have abandoned their residence in the US, the CBP inspector You must assess the situation and make a decision. determination as to the intent of the LPR and the nature and reason for the prolonged absence of the United States. Prior to 1997, if a lawful permanent resident was believed to be inadmissible, immigration inspectors first had to determine whether her absence significantly disrupted permanent residence. Subsequent revisions to the immigration laws have formalized a ‘test’ for immigration inspectors to apply in this situation. Under this test, a lawful permanent resident is NOT considered to be seeking admission, unless the alien:

or has abandoned or renounced that status;

or you have been continuously absent for more than 180 days;

or have engaged in illegal activities after leaving the US;

or has left under legal process seeking removal;

or has committed certain criminal offences;

where you are trying to enter without inspection; gold

or you have entered the US without authorization from an immigration officer.

If CBP believes that an LPR may be inadmissible or no longer entitled to lawful permanent resident status, CBP must refer the alien for removal proceedings if deferred inspection is not appropriate.

Special rules for dependents of US service members. Spouses and children of service members of the US Armed Forces or US government civilian employees are exempt from many of the normal requirements for returning residents. If a dependent is a conditional resident and the period of conditional residence has expired, CBP must admit the person and advise them to file Form I-751 within 90 days.