How long can you live outside the us without losing citizenship

How Long Can A Green Card Holder Remain Outside the U.S.?

Green cards allow non-U.S. citizens to live and work in the country as lawful permanent residents. However, if you remain outside of the United States for too long, you may lose your Green Card and all of the rights associated with it.

Table of Contents Show

How Long Can A Green Card Holder Remain Outside the U.S.?
Absences from the U.S. for permanent residents
Absences of more than 180 consecutive days
Absences of more than 365 consecutive days
Do you need to travel before receiving permanent residence?
Eligibility for U.S. citizenship
Do you have questions about permanent residence?
Multiple extended absences
Can I lose my citizenship if I live outside the US?
How long can a U.S. citizen live overseas?
Can a U.S. citizen stay out of the country for more than 6 months?
Can a U.S. citizen live abroad permanently?

The law states that if a Green Card holder remains outside of the United States for one year and one day during any one trip, they are considered to have abandoned their residency and lose their Green Card and permanent resident status.

Re-Entry Is At Customs Officer Discretion

Any time a Green Card holder or even a U.S. Passport holder re-enters the United States after time spent abroad, they are essentially applying for admission to the country. Each time, the customs officer has discretion in whether or not to allow re-entry. This is true for trips of any length and type – short or long, business or pleasure.

When re-entering the country, you will be asked to present your Green Card and passport for inspection and will likely be asked some questions about your trip abroad as well as your life in the United States. These questions are asked to ascertain the strength of your connection to the United States. For example, Green Card holders who own property, have jobs, and bank accounts in the U.S. are generally viewed as having strong ties to the United States, which reinforces the officer’s perception that you are indeed living in the country. Green Card holders who do not have these same connections may be viewed as having weak connections to the country, and the officer may question whether or not they really do live in the U.S.

If the officer suspects you are not living in the country and have abandoned your U.S. residency, they may:

1. Take away your Green Card. If this happens, you may be asked to appear in an immigration court where you can present evidence of your strong ties to the U.S. to prove that you did not abandon your residency.

2. Give you a chance to surrender your Green Card. If this happens and you accept, you will be expected to return to your native country.

3. Give you a warning. If the officer believes that you are at risk of being denied entry due to extended absences from the United States, they may warn you that you need to remain in the U.S. more frequently but still allow you re-entry.

If you are running into trouble every time you attempt to re-enter the United States, it may be time to ask yourself whether you really need to have a Green Card. If you do want to retain your Green Card and permanent resident status, you can avoid trouble by living in the United States and simply vacationing abroad instead of maintaining dual residences here and abroad. If you are ready to give up your Green Card, you can surrender it at the local U.S. Embassy and apply for a B1 or B2 visa to accommodate your need to enter the United States.

Contact Orlando Immigration Attorney Gail Seeram To Navigate Green Card and Residency Questions

We understand that residency and Green Card issues can be confusing and difficult to navigate. There are many rules and requirements to follow, and it is not always clear which of them applies to your situation.

The Law Offices of Gail Seeram is here to help you answer any of your immigration questions, including Green Card and permanent residency questions. Immigration attorney Gail Seeram has been helping families in all matters of immigration for over 20 years, was recently named 2020 Orlando Lawyer of the Year for Immigration Law by Orlando Magazine, and has been named Best Lawyer for Immigration Law from 2016-2020 by U.S. News & World Report & Orlando Magazine.

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Absences from the U.S. for permanent residents

If you are a legal permanent resident, you are expected to live in the United States. You can still travel abroad and spend extended periods outside the country, but you may need to take steps to establish the trip as a temporary absence.

Absences of more than 180 consecutive days

At the port of entry after you travel abroad, you may be asked to provide evidence that you have continuing ties to the United States and that you intend to continue living here. Documentation of your ongoing employment in the United States is generally sufficient evidence.

Absences of more than 365 consecutive days

You must apply for a re-entry permit (Form I-131) before you leave the United States, or your permanent residence status will be considered abandoned. A re-entry permit enables you to be abroad for up to two years. Apply for a re-entry permit.

You will also be required to provide evidence that you have continuing ties to the United States and that you intend to continue living here. For example, documentation of your sabbatical and your ongoing employment in the United States is generally sufficient evidence.

Do you need to travel before receiving permanent residence?

If you don’t receive permission to travel before your trip, you might inadvertently cancel your permanent residence application.

Follow these steps

Eligibility for U.S. citizenship

Eligibility for U.S. citizenship after permanent residence requires that you live in the United States for five continuous years, or three continuous years if you obtained permanent residence based on marriage to a U.S. citizen. If you are abroad for more than 365 days, this requirement starts over.

Here is an example: You are married to a U.S. citizen, so your requirement is three years. You live here for one year without leaving the country. Then you spend 13 months abroad. When you return, you must live here for three more years before you are eligible to become a U.S. citizen.

Do you have questions about permanent residence?

Our expert staff members will help you understand what you need to do.

If your job requires you to go abroad for more than a year, your absence may still be able to count toward your residency requirement. Learn what you need to do.

Multiple extended absences

Even if you have a green card, you cannot maintain your permanent resident status if you live outside the United States indefinitely and return only for visits. Extended absences will eventually lead port-of-entry staff to question whether you have abandoned your permanent residence.

You must show that your absence from the United States was only temporary. Definite standards for temporary intent do not exist, but some guidelines can help establish it:

You file U.S. tax returns as a U.S. resident, rather than as a nonresident.
You have an active bank account and credit cards in the United States.
You have a U.S. driver’s license.
You own real estate in the United States, such as a home.
You have a letter from your U.S. employer that explains your assignment abroad and says that you have continued or expected employment in the United States.

Can I lose my citizenship if I live outside the US?

For naturalized citizens, none of such rules exists. So, you can't solely lose your citizenship based on the ground of being absent from the US for a long time. Therefore, you can move abroad for a long period of time after becoming a Naturalized US citizen.

How long can a U.S. citizen live overseas?

Absences of more than 365 consecutive days You must apply for a re-entry permit (Form I-131) before you leave the United States, or your permanent residence status will be considered abandoned. A re-entry permit enables you to be abroad for up to two years. Apply for a re-entry permit.

Can a U.S. citizen stay out of the country for more than 6 months?

If you intend to stay outside the United States for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the United States.

Can a U.S. citizen live abroad permanently?

At this time, no penalties exist if a naturalized U.S. citizen simply goes to live in another country. This is a distinct benefit of U.S. citizenship, since green card holders can have their status taken away for "abandoning" their U.S. residence. (See Keeping Your Green Card After You Get It for details.)