Residency Requirements After Obtaining a U.S. Green Card

There have been reports claiming that the U.S. federal government passed a resolution reducing the allowable period for U.S. Green Card holders to stay outside the country from six months to three months. Having verified this against the official websites of U.S. Citizenship and Immigration Services (USCIS) and the White House, we have confirmed that these claims are baseless and false.

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    There have been previous claims regarding a U.S. federal government resolution to shorten the allowable period for Green Card holders staying abroad from six months to three months. Following a thorough review of the official websites of the U.S. Citizenship and Immigration Services (USCIS) and the White House, it has been confirmed that this information is groundless misinformation; neither the federal government nor the immigration authorities have passed any such regulation recently.


    The relevant regulations regarding Green Card holders leaving the United States, as stated on the USCIS official website, include the following:


    1. U.S. permanent residents (U.S. Green Card holders) are free to enter and exit the United States.


    2. USCIS recommends that Green Card holders who plan to remain outside the U.S. for more than one year apply for a re-entry permit. Individuals who possess a re-entry permit but remain outside the country for more than two years are required to apply for a returning resident visa at a local U.S. consulate before returning to the United States. Generally, if a Green Card holder stays outside the U.S. for more than one year (365 days) and cannot prove an intention to maintain the United States as their permanent residence, they may be deemed to have abandoned their permanent residency status, and their Green Card may be revoked.


    3. Short-term departures from the U.S. generally do not cause issues. However, if a Green Card holder stays abroad for less than a year, customs or immigration officials may still determine that the individual does not have an intention to maintain permanent residency in the U.S. upon re-entry, and thus could revoke the Green Card. The intention to maintain permanent residency in the U.S. may be assessed based on the following factors:


    1) Whether the departure is temporary in nature

    2) Whether the individual has family or close ties to the community in the U.S.

    3) Whether the individual is employed in the U.S.

    4) Whether the individual files taxes as a permanent resident

    5) Whether the individual maintains a U.S. mailing address

    6) Whether the individual has bank accounts in the U.S.

    7) Whether the individual holds a U.S. driver's license

    8) Whether the individual owns property in the U.S.

    9) Whether the individual has established a business in the U.S.

    10) Whether there is other evidence of intent to return to the U.S. as a permanent place of residence




    Therefore, the U.S. federal government and relevant immigration agencies have not released any information stating that Green Card holders who leave the U.S. for three months will have their Green Cards revoked. It is generally recommended to visit the United States twice per year and, whenever possible, spend more time residing in the U.S. and establish evidence of your intent to maintain permanent residency.

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