Problems Reentering as a Permanent Resident

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I chose this picture of a funny old clock from Heidelberg, Germany for two reasons.  First, because if I were a permanent resident and wanted to live outside of the US for a while, Heidelberg might be a pretty good place to pick--it's a fantastic little city with loads of history and a charming, old-world feel.  And second because, if I were a permanent resident and planning to live outside of the US, I'd want to be always watching the clock: time is of the essence in international travel.

Here are the basic rules:  stay outside of the US for more than a year, and you're going to be deemed to have relinquished your permanent resident status (the way around this is to file for advanced permission to return to unrelinquished domicile, Form I-191, which you can find at the USCIS website here. Be sure to read the instructions carefully, and consider contacting an immigration attorney for help with this process, because it can have a big impact on your future plans.

Even if you stay outside of the US for less than a year, you need to be careful about what message you are sending to USCIS by your departure.  Here are some things that are considered by immigration officers in evaluating whether to admit someone as a permanent resident after a  long absence from the US (although there is no hard and fast rule, 6 months is a good estimate of when an absence becomes "long").

• Whether the visit abroad was intended to be temporary: 
• It's for a specific event, which is fixed in time (a conference, a social event, etc)
• It's for something that will likely resolve itself within a certain period of time (visiting a sick relative, etc.)
• Whether the person has the continuous intention to return to the US at the end of the stay abroad, considering
• Family ties
• Property in the US
• Business in the US 

This analysis typically takes place at the port of entry--the airport or other border checkpoint where the returning alien first attempts to enter the United States.  For this reason, the analysis is often incomplete, and the person will be referred to immigration court, where the case can be argued on its merits.  To avoid the stress and expense of having to appear in immigration court, it's a good idea for permanent residents traveling abroad to keep an eye on the clock, and to carry documentation regarding the purpose of the visit in your carry-on baggage, in case you are questioned while you're traveling. 
And, of course, this is a good time to consider applying for citizenship if you're eligible--US citizens breeze through those pesky airport checkpoints, with no questions about how long they've been outside of the country.  
If you have questions, please do not hesitate to contact me at christina@cruddenlegal.com.