In recent years, with the rise of U.S. investment immigration in the domestic immigration market, more and more people have obtained U.S. Green Cards. However, many families still have their primary economic sources and most of their energy focused domestically, and a significant number of immigrant families have some members who cannot reside in the U.S. for extended periods.
Therefore, experts remind investors that understanding U.S. immigration laws regarding Green Cards is crucial.
U.S. immigration law stipulates that if a Green Card holder stays outside the U.S. for more than 180 consecutive days, even without actively abandoning the Green Card, the U.S. Citizenship and Immigration Services (USCIS) has the right to question whether the individual still intends to treat the U.S. as their long-term residence when applying for re-entry with the Green Card.
This does not mean that if a permanent resident returns to the U.S. for a few days every six months, they will not lose their permanent residency. If you maintain a return to the U.S. every six months, there may not be any consequences in the first 2 to 3 years, but over time, the risk increases that the USCIS may consider you have abandoned your intention to maintain permanent residency in the U.S. The proper approach is for Green Card holders to inform the USCIS in advance that they may leave the U.S. for more than six months by applying for a re-entry permit, indicating that they do not intend to abandon their permanent residency.
However, the re-entry permit itself cannot completely prevent border officials from questioning and determining that you have abandoned your intention to reside permanently in the U.S.
If you cannot avoid long-term residence outside the U.S., keep the following evidence to respond to USCIS inquiries about your intention to maintain permanent residency:
1. File income tax returns on time each year according to IRS regulations, and keep good records of your tax filings.
2. Maintain a residential address in the U.S.
3. Have a bank account in the U.S.
4. Hold a valid U.S. driver's license and carry it with you when entering the U.S.
5. Possess a U.S. credit card.
6. Own property such as a house or car in the U.S.
7. Carry your Social Security card when entering the U.S.
8. Ensure your Green Card is valid and apply for a new one before it expires.
At the same time, avoid the following actions:
1. If you leave the U.S. for more than a year without a re-entry permit, you must apply for a special immigrant visa to enter the U.S. Do not apply for a non-immigrant visa for entry.
2. Try to avoid entering the U.S. with your non-citizen or non-Green Card spouse and children, especially if your spouse and children are only temporarily staying in the U.S.
3. Do not enter the U.S. with a round-trip ticket, especially if the return destination is outside the U.S. Holders of a U.S. Green Card must meet two conditions to return to the U.S. with their Green Card: first, they have not abandoned their lawful permanent residency, i.e., the Green Card; second, their stay outside the U.S. does not exceed one year. This means that if you leave the U.S. for more than a year, even if you have a U.S. Green Card, you cannot use the Green Card to re-enter the U.S. Therefore, if you plan to stay outside the U.S. for more than a year, you must apply for a re-entry permit to enter the U.S. again.