Don’t Abandon Your Green Card

Image by Flux-Schnell

She planned a two‑week trip home to help after her mother fell ill, and came back to find her green card under scrutiny. Flights were delayed, care stretched on, and what began as a short visit turned into a year abroad. At the airport, an agent asked why she’d been gone so long. Without a reentry permit on file, she faced the real prospect of consular processing to regain her status. A single missed form had turned a family emergency into a fight to keep the life she’d built in the U.S.

A permit to reenter the United States can mean the difference between preserving lawful permanent resident status and facing the loss of a life built over years. 

As an immigration attorney, I’ve seen how routine travel, family emergencies, and professional commitments can unexpectedly trigger a serious status risk when permanent residents remain outside the U.S. for more than one year. 


What a reentry permit does 

Image by Flux-Schnell


A reentry permit (Form I‑131) serves as evidence that a lawful permanent resident (LPR) or conditional permanent resident intended to maintain U.S. residence before leaving the country. It protects against the presumption that an absence of more than one year disrupted continuous residence and resulted in abandonment of lawful permanent residency. With a valid reentry permit, an LPR can typically return to the United States without needing a returning resident visa.


When to apply


An LPR should apply for a reentry permit before departing the United States if they expect any single absence to exceed six months or if they anticipate staying outside for up to two years. USCIS must receive the application while the applicant is physically present in the U.S., and generally the applicant must complete biometrics here as well. Because processing can take months, file early and account for travel that could interfere with USCIS appointments.

Can you relate

The stakes are real. Here are some situations I’ve heard in client consultations:

There was a mother who left the U.S. to care for an ailing parent expected to be away a few weeks, but the parent’s condition deteriorated and her care stretched beyond a year. Because she had not filed for a reentry permit before departing, she faced an immigration officer’s presumption of abandonment at the port of entry and potential referral for a returning‑resident visa.

On one occasion, a startup executive accepted a twelve‑month client deployment abroad, but the contract extended to 18 months. Although she maintained U.S. ties, she lacked a reentry permit and encountered difficulty reentering: the airline flagged her documents, and Customs and Border Protection questioned whether she intended to abandon U.S. residence.

Recently, a father returned to his home country for what he thought would be a short stay when his partner’s childbirth complications required extended family support. The absence exceeded a year; without a reentry permit, his reentry was at risk despite clear family ties to the United States.


Final thought 

A reentry permit is not merely bureaucratic paperwork. It’s insurance against the loss of a home and legal status. I have worked with clients who avoided years of separation and costly consular proceedings by applying in time. If you are a permanent resident facing travel beyond six months, talk with counsel and act before you leave. Preparation can preserve both your residence and your peace of mind.

Related posts

Jugging, Now a Standalone Crime in Texas

USCIS raising the bar for new citizens

New USCIS Policy could lead to deportation for immigrants applying for Green Cards through marriage