Traveling Outside US and Re-Entry: Consequences to your Immigration Status (Part 2)
Should I Stop Traveling Outside?
It depends on what you are trying to accomplish. I always advise my clients not to leave while any immigration application is pending. While we may be overly cautious, we look out for the client’s best interest. The immigration process is lengthy, expensive and exhaustive. I would hate if one my client’s application was deemed abandoned because US Citizenship and Immigration Services (USCIS) saw that they left the country.
If you are a Legal Permanent Resident then our advice would be to limit your international travel to less than 180 days out of the year. The reason is USCIS may claim that because you spend half of your time outside the USA then you don’t want to be a “permanent” resident. While it is silly we have to play by their rules. Also if you want to apply for citizenship, USCIS will look at your past five years and make sure that you spend at least half of that time in the USA.
Now let’s pretend you have to travel outside the country for an emergency or something of great importance. There is a re-entry permit that if granted could allow you back into the country without your application being deemed abandoned or without any consequence to your green card.
Talk to an us to know what travel length may spell troubles for your particular case.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Immigration
Traveling Outside US and Re-Entry: Consequences to your Immigration Status (Part 1)
If you have an application for permanent residency pending, you need to be cautious when traveling outside the country. I recommend to my clients not to leave the country while your immigration status is pending. The reason is because immigration could deem that you abandoned your application when you left the country. Obviously this wasn’t the immigrant’s intent however US Citizenship and Immigration Services (USCIS) may deem it abandoned.
If you have already received your permanent residency then It does not restrict you from traveling to any other country. Spending extended periods outside or failure to submit re-entry proof may go against you when applying for citizenship. Get in touch with an expert Houston immigration attorney if you are likely to face an issue due to traveling outside too frequently.
Traveling Impact on Legal Permanent Residents
Traveling and spending an extended period of time outside the USA can make an application for citizenship a little bit more difficult. Here are a few recognized travel conditions that may impact a Legal Permanent Resident.
- Being outside the USA for 6 months, USCIS may deem you abandoned your permanent resident status
- If you are absent for more than a year, the USCIS may cancel your permanent resident status.
- Any foreign stay beyond two years even makes re-entry permits invalid. A returning resident visa is the only option.
If you have a green card, you must be mindful of not staying too long on foreign soil. It may cause your green card to become annulled. Consult a professional immigration attorney to know how travel can affect your immigration status.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in ICE, Immigration