Can Permanent Residents Move Abroad Without Losing Their Green Card?
By Sophie, published Nov 28, 2007
Published Content: 1,060 Total Views: 505,192 Favorited By: 145 CPs
Rights of US Citizens and Permanent Residents
USCIS has set out specific guidelines on this very subject. It is important to point out that Permanent Residence is not the same as obtaining US citizenship. The two are different, although Permanent Residents will have most of the rights that native born US citizens have, bar the right to become US president and to take on certain government employment. With this in mind, naturalised US citizens have the right to move abroad if they so wish without ever having to return in order to maintain their status. But the laws governing Permanent Residents is different.
Re-entry Permit (Form I-131)
Permanent Resident Cards can be taken away from immigrants if they choose to relinquish it through their actions. One such action is when Permanent Residents move aboard for more than 12 months without first obtaining a Re-entry Permit (valid for 2 years). Form I-131 currently costs $305. It can be downloaded from the USCIS website by visiting this site. Permanent Residents who try to bypass this legal requirement will not be admitted back into the country when they return.
Less than 12 Months
Permanent Residents who wish to spend less than 12 months living abroad, perhaps in their home country, will not have to worry about first obtaining permission to do so from USCIS. They are free to travel wherever they choose as long as their passports are valid and up to date.
Military/ Civilian Orders
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Takeaways
- Naturalised US citizens can choose which country to live in without losing their status
- Most Permanent Residents must first obtain a Re-entry Permit (Form I-131) before leaving the country
- Permanent Residents who wish to travel abroad for less than 12 months will not lose their status
Did You Know?
Permanent Residents (or their spouse) who are on official military or civilian orders can move abroad for the duration of the tour without losing any privileges
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