Who can lose their permanent residence in the United States for traveling, and how to avoid it

Those who obtain permanent resident status in the United States can live and work legally in the country, but they must also comply with a series of obligations to keep it.

These include meeting tax obligations before the Internal Revenue Service (IRS), complying with federal, state, and local laws, enrolling in the Selective Service System as applicable, and following a series of travel conditions so that it is not considered a renunciation of status.

What are the conditions for traveling as a permanent resident without losing status?

To avoid losing permanent residence due to abandonment, it is important that trips abroad be temporary and that the person maintain the intention to reside in the United States.

USCIS establishes different criteria for traveling as a permanent resident that must be taken into account according to the length of the absence:

• Trips shorter than six months generally do not affect status, as long as the person maintains permanent residence in the United States and does not establish themselves in another country.
• Trips between six months and one year may trigger greater scrutiny by immigration authorities to determine whether the person still intends to reside in the United States.
• Trips of one year or more: those who plan to remain outside the country during this period must apply for a reentry permit before leaving. In addition, the Permanent Resident Card, by itself, generally ceases to be valid as a reentry document.

Immigration authorities may also consider other factors, such as the person’s employment, family, and economic ties in the United States.

What documents must be presented to re-enter the United States?

Permanent residents who wish to return to the United States must meet certain documentation requirements, which may vary depending on how long they have been out of the country.

The main documents to keep in mind are:

• Passport: generally necessary for international travel and entry into the destination country. It may also be requested upon returning to the United States.
• Permanent Resident Card (Form I-551): allows you to request reentry to the United States when the absence is less than one year.
• Reentry permit: recommended for those planning to remain outside the country for one year or more. It must be requested using Form I-131 before leaving the United States and is generally valid for up to two years.
• Returning resident visa (SB-1): may be necessary for those who remained outside the country for more than one year without a valid reentry permit or who exceeded the validity of that permit, provided they meet the corresponding requirements.

Submitting these documents does not automatically guarantee entry into the United States, since immigration authorities must verify that the person meets the admission conditions.

What other situations can cause the loss of permanent residence?

The United States Citizenship and Immigration Services (USCIS) sets out in its section “Rights and responsibilities of a green card holder” different situations in which a person may lose their permanent resident status.

In the case of those who obtained permanent residence conditionally through marriage, section 216 of the Immigration and Nationality Act (INA) establishes that this status may be terminated if fraud is proven. Similar provisions exist for those who obtained conditional residence through an investment that meets immigration requirements.

On the other hand, sections 212 and 237 of the INA establish different grounds of inadmissibility and deportation. In addition, USCIS may initiate a rescission proceeding during the first five years after its grant through an adjustment of status if it is determined that:

• The person was not eligible to obtain the Permanent Resident Card in the category requested when their adjustment of status application was approved.
• The person would also not have been able to access status under any other applicable legal provision.

Likewise, there are situations in which a person may lose permanent residence through abandonment of status, including:

• Moving to another country with the intention of settling there permanently.
• Declaring themselves as a nonimmigrant on their tax return.
• Remaining outside the United States for an extended period, when the absence cannot be considered temporary.