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⇒ Student & Scholar Advising ⇒ Faculty, Staff, & Visitors ⇒ Permanent Residence ⇒ Absence from the US for Permanent Residents

Absence from the US for Permanent Residents

Legal permanent residents (LPR) are expected to reside in the United States.  This does not mean they cannot travel abroad or spend extended periods outside the United States, but it does mean they may need to think ahead about establishing that the trip constituted a temporary absence.

An LPR who is out of the US for more than 180 consecutive days creates what is called a rebuttable presumption that he or she intends to abandon permanent residence.  At the port of entry, there will be a request for evidence of continuing ties to the US and the intention to reside in the US.

If the LPR is absent for more 365 consecutive days, permanent residence status is considered to have been abandoned, unless a re-entry permit was applied for before the LPR left the US.  The re-entry permit allows one to be out of the country for up to 2 years.  (Form I-131)

Return after a sabbatical period abroad is common.  Documentation of the sabbatical and the continuing position in the US is sufficient to establish continuing residence.  If the sabbatical year stretches for more that a year (e.g., May to August of the following year) the LPR must apply for a re-entry permit and should also be aware that the 5 year count toward eligibility for US citizenship (3 years if married to a US citizen) will start over.

It may be possible to have the time spent abroad count toward naturalization.  See Preserving Residence for Naturalization Purposes.

One cannot live outside the US indefinitely with a green card, returning to the US only for visits.  Extended absences will eventually raise questions at the port of entry of whether permanent residence has been abandoned.  The test is whether the alien is returning to an unrelinquished lawful permanent residence in the US after a temporary absence abroad.  There must be evidence that the LPR’s intention was that the absence from the US was only temporary.  There are no bright line tests to establish temporary intent, but there are guidelines: filing US tax returns as a US resident (not a nonresident); active bank account and credit cards in the US; US driver’s license; property in the US; US employer letter detailing assignment abroad or continued/expected employment in US.