Home USA What a green card holder needs to know when travelling outside the US #Greencard #Immigration #Risk

What a green card holder needs to know when travelling outside the US #Greencard #Immigration #Risk

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What a green card holder needs to know when travelling outside the US #Greencard #Immigration #Risk

–Welcome to The Ranchod Law Group immigration show. During the COVID-19 pandemic, travel restrictions can change quickly for both lawful permanent residents and others
seeking to enter or return to the United States. If at all possible, traveling outside the United States should be avoided
except in the most urgent situations.
If you are a lawful permanent resident (LPR), you should keep the following concepts in mind when considering travel
outside the United States:
Absence from the United States of less than 180 days = no presumption of abandonment of permanent residence.
Absence from the United States of more than 180 days, but less than one year = there is a rebuttable presumption that you may have abandoned permanent residence (meaning the government presumes you have abandoned your residence and the burden is on you to prove otherwise).
Absence from the United States of more than one year = automatic loss of LPR status unless appropriate steps were taken prior to departure to preserve status.

Preserve LPR Status by Applying for a Reentry Permit
If your situation falls within either of these scenarios and you wish to return to the United States, you will need to obtain an SB-1 Returning Resident visa before traveling to the United States from the U.S. embassy or consulate in the country where you are residing.

If You Are Unable to Return to the United States Within One Year Due to Pandemic-Related Travel Restrictions, You Should Be Prepared to Provide Evidence of the Following:
-Timely attempts to travel back to the United States, such as canceled airline travel documents and emails or other correspondence documenting your intent to return to the United States and your inability to travel.
-If you do not have any of these, be prepared to provide evidence establishing why you could not travel (such as evidence of local lockdowns or government-mandated travel restrictions).
-Continued ties to the United States, such as continued payment of any mortgages or rent as well as any associated housing costs. Also, be prepared to document your temporary housing arrangement (i.e. that you own no property) in the foreign country.
-If applicable, evidence of illness, either of yourself or a family member, that kept you from traveling.
-If applicable, evidence that other family members stayed behind in the United States while you were abroad and unable to return.
-Financial evidence of continued U.S. ties, such as U.S. tax returns, banking records, etc.
Seeking U.S. Citizenship After Lengthy Travel
To apply for naturalization, an LPR must have been physically present in the United States for at least half of the required period of continuous residence (i.e., 30 months or 18 months depending on the basis for applying), and must have lived for three (3) months in the state or USCIS district of residence.
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