LPR's traveling outside the US - what to know before you go!
It’s time to take a trip, but will travel outside the US put your green card at risk? Even if you have left the US before, you may have gotten lucky in the past when immigration routinely turned a blind eye to different grounds of “inadmissibility.” Avoid confiscation of your green card, a possible deportation or a citizenship denial in the future. Get the legal advice you need before your trip.
Know your criminal history – Have you been arrested? Did you plead guilty to any crime If so, which one? You should know this information to understand if immigration authorities will take your green card and put you into deferred inspection at the airport, or worse. Even if you have traveled outside the US in the past and come back in, things are different now. Your entire criminal record will be reviewed at the airport or any port of entry where you are fingerprinted. Avoid getting your green card confiscated or getting taken into immigration custody, and speak to an immigration lawyer before you go. If you have a violation, a misdemeanor or a felony, you may be at risk. Call my office for a consultation to know before you go! You may just find out that there is no risk at all and you can enjoy a worry-free holiday.
Too much time outside the US – An LPR must maintain her residence in the US. A full year outside the US will be considered an abandonment of LPR status. You will then have to show that you did not intend to give up your residence in the US and that your trip was temporary. You may also be questioned by immigration authorities if you are outside of the US for more than six months. Even if you were granted the reentry permit, you still need to show that you did not abandon your residency. Talk to an immigration lawyer if you plan on being away from the US for a long period of time.
Remember that you should seek legal advice on your own immigration case before you travel outside the US or file any applications with USCIS. Call my office for a consultation.