Can I Travel Internationally if I Have a Green Card?

Are you a green card holder? If so, you may have questions about your right to travel to another country. The key thing to know is that you do not have the right to travel abroad, but there can be some additional considerations that need to be kept in mind. Here, our Virginia green card lawyer provides an overview of the key things that you need to know about traveling internationally.

Green Card Holders Must Maintain Continuous Residence in the United States

A green card allows a noncitizen to live and work permanently in the United States. With that being said, all lawful permanent residents must maintain their residence in the United States. Immigration authorities evaluate whether the person continues to treat the United States as their primary home. Under federal immigration law, a permanent resident who remains outside the United States for an extended period may face questions about whether they have abandoned their resident status.

Key Immigration Law Point: Trips lasting more than six months will lead to additional scrutiny during an attempt at reentry. Further, absences of one year or longer may create a presumption that the person has abandoned permanent residence.

Extended Travel May Require a Reentry Permit

A green card holder who lives in Virginia and who plans to remain outside the United States for a prolonged period may need to obtain a reentry permit before departing the country. The reentry permit process requires filing Form I-131, Application for Travel Document, with United States Citizenship and Immigration Services (USCIS). The document allows a permanent resident to reenter the United States after an extended absence without being presumed to have abandoned their status. If you have any questions about this option, an experienced Virginia green card attorney can help you navigate the process.

Note: As explained by United States Customs and Border Patrol (CBP), a green card holder does not need to have an American passport to travel abroad.

Certain Criminal Issues Can Create Reentry Risks

International travel can create additional risk for green card holders who have prior criminal issues. Under federal immigration law, a lawful permanent resident returning from travel may be treated as an applicant for admission in certain circumstances. If you are a green card holder who has an arrest, or, especially, a criminal conviction, on your record, it is strongly recommended that you speak to a Virginia immigration attorney before engaging in international travel. Your lawyer will ensure that your rights are properly protected and that you understand the risks.

Contact Our Virginia Green Card Lawyer Today

At Escobar Law Offices, our Virginia green card attorney has the professional experience that you can trust. If you have any questions about travelling internationally while a lawful permanent resident, we can help. Contact us today to set up a completely confidential, no obligation initial case review. With an office in Annandale, we handle green card cases throughout Northern Virginia.