I am a Singaporean U.S. immigration attorney based in Los Angeles. My California State Bar record can be found here. Feel free to connect with me on Linkedin.
I normally write about H-1B1 visas for Singaporeans. However, due to multiple inquiries, I am writing this blog post for Singaporean green card holders to address the question: As a Green Card Holder, How Long Can I be Away from the U.S.?
The answer to this question essentially depends on whether the CBP officer at your port of entry (typically the airport) deems whether you have abandoned your permanent residence or not.
As a matter of practice, CBP typically uses the time period that you were continuously absent from the U.S. as a guide. It is only a "guide" because there are other factors that go toward the determination of whether there has been abandonment of permanent residence or not.
Below are the time periods broken up into three sections (A, B and C) for you to keep in mind.
A. Abroad for 6 Months or Less*
If you have been continuously abroad for 6 months or less, the CBP would typically not give you a hard time upon your return to the U.S.
But there is a greater risk of scrutiny for your future returns if you engage in a continuous and repeated pattern of returning to the U.S. after slightly less than 6 months abroad just to remain in the U.S. for a few days before leaving again. If CBP exercises greater scrutiny, a CBP officer may issue you a warning and annotate your admission stamp with the words "Advised" (of the impact on your residency if you are away for too long) or words with a similar effect.
*Many green card holders and sometimes CBP as a practical matter seem to have informally adopted the standards for determining "disruption" of continuous residence for naturalization purposes even though "disruption" (or "break") in continuous residence is a separate concept from "abandonment" of permanent residence. I suspect the reason why many green card holders mention a 6-month time frame is because they are concerned about "disrupting" their continuous residence for naturalization purposes. Although many Singaporeans do not appear to be interested in naturalization, you can use the 6-month time frame as an informal guide.
B. Abroad for More than 6 Months but less than 1 Year**
If you have been continuously abroad for more than 6 months but less than 1 year, there is a greater risk of scrutiny since you have been away from the U.S. longer than in Section A. above, but CBP should probably still admit you absent other negative factors.
Since there is likely greater scrutiny here, there is a chance you will have to show additional evidence of your ties to the U.S., and you might also be given a warning and an "Advised" annotation as described above.
**As noted above, there appears to have been an informal conflation of standards for determining "disruption" of continuous residence for naturalization purposes and "abandonment" of permanent residence. In the context of naturalization, this time frame is used by the government to raise a rebuttable presumption that there has been a "disruption" of continuous residence. In the context of determining "abandonment" of permanent residence, since this is a longer time frame than in Section A. above, CBP may consider that as an objective factor against you unless you have other positive factors in your situation (See Section D. below for other factors such as family ties, property ownership etc.).
C. Abroad for 1 Year or More
It will be a problem for you if you have been abroad continuously for 1 year or more.
This is mainly because the federal DHS regulations have indicated that to be admitted into the U.S. as a lawful permanent residence using an unexpired green card, it is only proper to present that green card if you were temporarily absent from the U.S. for less than 1 year. See 8 CFR 211.1(a)(2) ("... a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States, shall present ... [a] valid, unexpired ... Permanent Resident Card, if seeking readmission after a temporary absence of less than 1 year")
There are two ways to overcome this problem:
Re-entry Permit (Preemptive Measure): Prior to leaving the U.S. in the first place, consider applying for a Re-entry Permit with USCIS. The Re-entry permit is typically valid for 2 years. Although you do not necessarily have to be in the U.S. when the Re-entry permit is approved, you must file the application for it before you depart the U.S.
SB1 Returning Resident Visa: If you have already departed the U.S. for 1 year or longer but did not apply for a Re-entry Permit, consider applying for an SB1 Returning Resident Visa to be embossed in your passport at the U.S. Embassy in Singapore in accordance with DOS requirements.
If you are unable to, or choose not to, obtain a Re-entry Permit or SB1 Returning Resident Visa, there are several possible outcomes at the airport with the CBP:
Possible Outcome #1: CBP Admits You. The CBP officer may in his/her discretion simply admit you, perhaps with a warning and an "Advised" annotation to boot.
Possible Outcome #2: CBP Admits You after Filing of Form I-193. The CBP officer may ask you to file Form I-193 Waiver of Passport And/or Visa with payment of a filing fee of $585. Here, if CBP determines you have good cause for not having a "valid" green card that is used after absence of less than 1 year, you will be admitted. If not, you may be faced with Possible Outcome #3 or #4 below.
Possible Outcome #3: CBP Asks if you wish to voluntarily relinquish your permanent residence. The CBP officer may ask you if you wish to sign Form I-407 Record of Abandonment of Lawful Permanent Resident Status; if you decide to sign this form, CBP will then admit you as a visitor. But you should not be forced to sign it if you do not want to.
Possible Outcome #4: CBP Issues you a Notice to Appear. The CBP officer may issue you a Notice to Appear for you to go before an immigration judge at immigration court to make your case as to why you did not abandon your permanent residence.
At the airport, you may be asked to go into a separate room for "secondary inspection" if the CBP officer(s) require more time to make a decision. If the CBP still cannot make a decision, they may parole you into the U.S. so that you can return later to their office for "deferred inspection" to allow them to make their decision at a later time.
D. Other factors
As I have mentioned above, the practical method used by CBP to make a determination on whether you have abandoned your permanent residence is looking at your time spent abroad. But there are multiple other factors that would affect the determination of whether you have abandoned your permanent residence. These include:
Property ownership, Family ties, Employment/business affiliations, Purpose for departing the U.S., Overall period of time outside the U.S. versus being inside the U.S.
E. Conclusion
In conclusion, if you anticipate being away from the U.S. for a prolonged period of time (more than 6 months), I recommend you consider applying for a Re-entry Permit prior to your departure to minimize complications.
End Note: Abbreviations
Before I end this blog post, you may have encountered some abbreviations mentioned above. For clarity, here are brief definitions of each of them.
DHS: This stands for Department of Homeland Security. DHS is the federal executive department that has purview over the CBP and USCIS below.
CBP: This stands for Customs and Border Protection. Immigration officers at ports of entry (such as airports) who make a determination on whether you may be admitted into the U.S. are CBP officers.
USCIS: This stands for U.S. Citizenship and Immigration Services. USCIS adjudicates most immigration applications that are filed in the U.S.
DOS: This stands for Department of State. DOS is the federal executive department that has purview over U.S. embassies and consulates around the world.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice.
