How to maintain your green card while outside the US

By Lourdes Santos Tancinco

Philippine Daily Inquirer

CALIFORNIA, United States—After more than 15 years of waiting for their priority date, Luis and his family were finally issued a United States immigrant visa.

The family traveled to the US and stayed with a relative while looking for a place of their own. Luis’s children, however, were all still in high school and soon wanted to return to Manila to finish their education. After serious consideration, Luis allowed his wife and children to return to Manila while he stayed behind to find work.

After several months, Luis realized that it was not that easy to find a job. In fact, he personally knew relatives and friends who lost their jobs and their homes. Frustrated and missing his family, he obtained a “re-entry permit” and departed for Manila to resume his employment and attend to the family businesses.

Luis had no plan to return to the US in the next two years. His wife, Rhea, is very apprehensive about the status of their green cards if they do not return to the US.

Time spent outside the US

Entering the US then returning to Manila after a few weeks gives rise to the issue of abandonment of residence.

Some green card holders are under the impression that they will be able to maintain their permanent resident status as long as they enter the US “at least once per year.” This may be a mistaken belief about what actually constitutes abandonment.

A returning resident is one who is returning to the US from a temporary visit abroad. If the stay abroad is protracted, this should be caused by reasons beyond one’s control.

What constitutes a “temporary” stay abroad will actually depend on the circumstances of each case and not necessarily the length of stay. How long one has stayed abroad is an initial point of reference for the Customs and Border Protection (CBP) inspectors at the airport and they are not prevented from inquiring further into the “intention of the green card holder.”

Generally a permanent resident returning to the US after an absence of six months or less will be treated as if he or she never left the country. This is the “less than six months” rule.

If returning to the US after six months but less than one year, the green card holder bears the burden of the presumption that he or she never intended to abandon his or her residence. He or she is deemed to be seeking admission.

If the stay abroad has been for more than one year, a re-entry permit or a returning resident immigrant visa is expected to be presented to the CBP inspector at the airport.

No abandoning acts

The fact that the “less than six months” rule is generally applied does not necessarily mean that a green card holder should return every six months. The pattern of entry and departure could become a critical issue. If the CBP inspector, through the database available to him or her, determines that more time is spent in Manila than in the US, then the question turns into identifying the immigrant’s principal place of residence to determine whether or not he or she is indeed maintaining his or her US residency.

Most abandonment findings are a result of a green card holder’s committing “abandoning acts.”

Intent to maintain green card status must be supported by (1) the purpose of a trip outside the US; (2) the nature of the employment—whether it is temporary or indefinite; (3) filing of US taxes as a resident; (4) ties in the US such as house, bank accounts, credit cards, state identification card, or driver’s license; and (5) residence of immediate family members.

If an individual has a protracted stay outside the US and still wants to maintain his or her green card, he or she must show that the principal place of residence is in the US. A re-entry permit should be obtained. Preparing documents to prove ties in the US and carrying them during the return to the US are likewise advisable.

Should there be a finding of abandonment at the airport, the individual may be asked to appear before an immigration judge. Or, this individual may be asked by the CBP inspector to sign a Form I-407 abandonment of permanent residency status. (If there is no intention to abandon, the individual should not sign this I-407 form.)

Considering the difficulty of obtaining green cards or US residency status, those who are now afforded the opportunity to live and work in the US should know how to maintain their status. While circumstances differ for each individual, it is important to realize that nothing is permanent, including the green card. It is either you “use it or lose it.”