EB-3 time away from the US is a concern for many permanent residents who need to return to Vietnam for an extended period for work or family reasons. Staying away from the US too long can be seen as abandoning permanent resident status, resulting in loss of the green card. This article explains the limits on EB-3 time away from the US and how to protect your permanent resident status.
Why the Length of Absence Matters
A green card comes with an obligation to maintain residence in the United States. Permanent residents are free to travel, but if they are absent too long, the authorities may conclude that the person has abandoned their intent to live in the United States.
A short trip generally does not cause a problem. However, a prolonged absence, especially of one year or more, can result in the green card being considered abandoned and revoked upon re-entry.
EB-3 Time Away from the US: Key Milestones to Know
Under U.S. immigration regulations, if a permanent resident plans to be absent for one year or more, they should apply for a re-entry permit before leaving to avoid being considered as having abandoned their permanent resident status.
For shorter trips that are still lengthy, applicants should be careful to maintain ties to the United States such as housing, employment, and tax filing. These serve as evidence of the intent to continue living in the United States.
How to Protect Your Permanent Resident Status
If you know in advance that you will be absent for a long time, you should apply for a re-entry permit and maintain evidence of ties to the United States. Keep your green card and passport valid for re-entry.
You should refer to guidance on international travel for permanent residents on the immigration agency’s website to understand the limits and required procedures.
Summary
Staying away from the US too long for EB-3 permanent residents is a real risk to keeping the green card, especially with an absence of one year or more. The way to protect it is to apply for a re-entry permit when a long trip is needed and to maintain ties to the United States. You should plan your travel carefully to avoid losing permanent resident status.
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References
- USCIS — International Travel as a Permanent Resident: https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident
- USCIS — Maintaining Permanent Residence: https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence
Read more: Overview of the EB-3 visa for US immigration · Common EB-3 Filing Mistakes and How to Avoid Them
