Many new immigrants to the United States who recently obtained Green Cards are unaware that upon reentering the United States they may encounter difficulties. This article briefly outlines some of the issues that a Legal Permanent Resident (“LPR”) may encounter when attempting to enter the United States with their Green Card.
Abandoning Residence:
One major reason that the custom officer at the airport may deny a LPR entry into the United States is if in the officer’s opinion the LPR has abandoned his or her residence in the United States. This “abandonment” factor is checked because the United States Government grants LPR status only to individuals that are actually making the United States their permanent residence.
Some factors that indicate that a LPR has abandoned his or her residence include:
A) If the LPR has accepted employment abroad;
B) Absence from the United States for a period exceeding one year;
C) Frequent prolonged absences from the United States.
In order to assure the customs officer that he or she is still maintaining a permanent residence in the United States, it is recommended that an LPR keep certain pieces of documentation. These include (but are not limited to):
1) A current Driver’s license;
2) Evidence of children’s enrollment in a school in the United States;
3) US tax returns;
4) Proof of US Employment;
5) Deeds or other documents proving ownership of property in the United States.
With all of the above being said, ultimately each time an LPR reenters the United States, he or she is subject to inspection by a customs officer, and may be denied entry. It is important that a LPR be able to explain his or her absences from the United States sufficiently. This means that a LPR must have a concrete reason for being outside the United States. Any documentation that supports this reason can be extremely useful for the LPR to help explain his or her trip abroad.
It is strongly recommended that a LPR apply for a reentry permit if he or she intends to be outside the US for an extended period of time.
Conclusion
Any LPR must always be aware that each time he or she reenters the United States there will be an inspection at the port of entry (i.e. airport), and the customs officer has broad discretionary authority to decide whether to admit or deny the entrance of the LPR to the United States at that time. By taking some of the precautionary measures mentioned above a LPR may avoid some potentially serious issues when attempting to reenter the United States.
However, in all cases when a LPR has doubts regarding his or her situation, it is best to consult with a licensed attorney qualified in immigration matters.
The information contained in this article does not constitute a legal opinion nor does it serve as replacing a proper individual legal consultation. Any use of this information shall be entirely at the risk of the reader.
This article was written by Dotan Cohen Law Offices, an immigration law firm that handles legal matters related to the United States, Australia, United Kingdom, Canada, and Israel. Our contact details are:
Tel. +1-646-797-5717
e-mail: [email protected]
