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Studying abroad as a Green Card holder is doable, but takes a little more steps than your U.S. citizen friends. This post will discuss how to go global without losing your permanent residency.
By: Jennifer Fabian-Verzosa, Esq.
So, you want to spend some semesters eating croissants in Paris, finish your nursing degree in the Philippines, or study marine biology in the Great Barrier Reef in Australia.
But then that tiny voice in your head asks:
“If I leave, will they let me back in? Will I lose my green card?”
Reentry Permit
If you’re planning to be gone for more than a year, it is important to consider the potential effects of this long absence on your permanent resident status. The U.S. government might start thinking you’ve moved on. U.S. Customs Border and Protection (CBP) may start presuming you have abandoned your green card holder status if you have been gone more than 6 months, and you no longer maintain any U.S. ties. To keep the relationship status "not complicated," you may need to a Reentry Permit (Form I-131).
A Reentry Permit is like an insurance policy. It supports that you intend to come back to the States. However, keep in mind that CBP can always still ask you questions about your absence and travels, and reentry cannot be guaranteed, especially if there are other indicators that you have fully abandoned your life in the United States.
An immigration lawyer can help determine whether your travels qualify for a Reentry Permit, and help you prepare and file the paperwork so it coincides with your school timeline. An immigration attorney can advise you of current timelines and even monitor your case while you are studying abroad. Not every student studying abroad needs a reentry permit, which is why it’s a good idea to get your questions answered so you can find out whether you will need it or not.
Keep The Paper Trail Alive
U.S. immigration looks at "ties" in terms of determining whether you have abandoned your U.S. home. For this reason, while you’re busy making memories abroad, it's important to make sure your paper trail stays firmly planted on U.S. soil.
- Keep your U.S. bank account active.
- File your taxes as a U.S. resident.
- Maintain a U.S. address and home base, for example, your parents’ home.
A Reentry Permit is like an insurance policy. It supports that you intend to come back to the States.
The Naturalization Clock
If your ultimate goal is U.S. Citizenship, keep an eye on the Continuous Residency requirement. Generally, you need to be physically present (foot on soil) in the U.S. for at least half of the required five years (or three, if married to a U.S. citizen). Staying out for more than 6 months starts to "break" that continuous streak.
If you are a U.S. citizen student, then you do not need to worry about how long you are outside the U.S.
Do not let the paperwork scare you away from the experience of a lifetime. Just remember the rule of thumb for every type of student: If you need help (including legal help with applying for a reentry permit), be sure to ask for it before you depart. Do not let your overseas educational goals keep you away from ultimately returning to your permanent home in the U.S.
Our friendly and experienced IMMIGRATION LAW OFFICE can assist you with the reentry permit application process. We provide both in-person and remote immigration legal services to student clients all over the United States. Contact us today!
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*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com
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**Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa, an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**
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DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.
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