Achieving lawful permanent resident (LPR) status — commonly known as obtaining a green card — is a significant achievement for immigrants pursuing their American dream. However, holding a green card is not the end of the journey. To retain LPR status, individuals must show a continuing commitment to the United States. Failure to do so can result in losing your green card.
As an experienced Immigration Attorney in New Jersey, we often counsel clients who are unaware of the risks associated with extended travel or weakening ties to the U.S. In this article, we break down what every green card holder needs to know to safeguard their status.
A green card is tangible proof of your lawful permanent residence. However, U.S. immigration law evaluates much more than possession of the card. Your actual behavior — where you live, work, and maintain connections — determines your status.
Green card holders are expected to treat the United States as their primary home. Spending significant time abroad, working overseas, or moving your family out of the U.S. could signal abandonment of your residency.
As a Visa Attorney in USA services often stress, time matters:
When you re-enter the United States after traveling abroad, Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) officers evaluate the overall picture of your residency. They ask:
As a trusted US Attorney specializing in immigration, we encourage clients to build and document strong U.S. connections to ensure smooth border inspections and avoid jeopardizing their green card status.
Maintain a detailed log of your trips abroad. Record:
Having organized records can be invaluable when questioned at the border or when applying for U.S. citizenship.
Always file your taxes as a U.S. resident. Even if you earn income overseas, you are generally required to report it to the IRS. Failing to file, or filing as a “nonresident,” can be used against you.
Keep:
These tangible connections demonstrate that the U.S. remains your true home.
Use Form I-90 to renew your green card before it expires. An expired green card may complicate your ability to work, travel, or even prove your legal status — even though technically your LPR status itself does not expire.
If you must stay abroad for an extended period due to health emergencies, employment needs, or family crises, retain detailed documentation such as:
Providing this proof can help defend against accusations of abandoning your residency.
Planning to be out of the U.S. for more than a year? You should apply for a Re-entry Permit (Form I-131) before leaving.
As an experienced Immigration Attorney, we advise clients that a Re-entry Permit signals to U.S. immigration authorities that you intend to maintain your permanent resident status.
Key facts about Re-entry Permits:
Without a re-entry permit, returning after a year abroad could result in being treated as a new immigrant — requiring you to start the green card process all over again.
CBP officers may ask questions about:
Being prepared with answers and documentation can make the re-entry process smoother and less stressful.
If you face any issues at the border, contacting an experienced Immigration Attorney in New Jersey immediately can be critical to protecting your rights.
If you are planning to apply for U.S. citizenship, careful travel planning becomes even more essential.
Green card holders must generally demonstrate continuous residence in the U.S. for:
Frequent or prolonged trips outside the U.S. can “break” your continuous residence requirement.
Absences of:
Applicants must also meet physical presence requirements — spending at least half their time physically in the U.S. during the qualifying period.
Failing to meet these standards can delay your naturalization process by years.
Your green card represents a promise to live and build your life in the United States. To protect your LPR status, stay rooted — professionally, financially, and personally — in the U.S.
Proactively managing your travel, maintaining strong U.S. ties, and consulting a skilled Immigration Attorney when planning extended absences can help ensure you keep your green card and move confidently toward future goals, including U.S. citizenship.
If you have questions or concerns about maintaining your lawful permanent resident status, applying for re-entry permits, or planning your path to citizenship, contact our experienced team today.
As a trusted Visa Attorney in USA, we are here to guide you every step of the way.
Copyright © 2019 VKML. All Rights Reserved.