US Permanent Resident Travel Document

We have moved to the UK recently after over 5 years in the US. My husband didn't apply for citizenship for tax implications, but still has his card (which is valid for a few more years/we know that in general the idea of not living in the US creates certain doubt for perm residency but just go with this). We maintain an American mailing address, bank accounts, taxes, and so on. The thought is that we are unlikely to return to the US, but it could happen and we want to make sure we understand protocol for any particular avenue.

Husband is still getting dental treatment in the US, so he flew back to Colorado last month. At immigration, he explained the situation (providing both card and passport) the officer told him that he should apply for a travel document so that his permanent residency remains valid.

The only information I see on a travel document is from the USCIS page, "International Travel as a Permanent Resident" under "What if my trip abroad will last longer than 1 year?" Does anyone know if this is what he may have been referring to?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad.  Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States.  For more information, see the “Travel Documents” page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam.  There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders.  For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization.  If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.

We have moved to the UK recently after over 5 years in the US. My husband didn't apply for citizenship for tax implications, but still has his card (which is valid for a few more years/we know that in general the idea of not living in the US creates certain doubt for perm residency but just go with this). We maintain an American mailing address, bank accounts, taxes, and so on. The thought is that we are unlikely to return to the US, but it could happen and we want to make sure we understand protocol for any particular avenue.

Husband is still getting dental treatment in the US, so he flew back to Colorado last month. At immigration, he explained the situation (providing both card and passport) the officer told him that he should apply for a travel document so that his permanent residency remains valid.

The only information I see on a travel document is from the USCIS page, "International Travel as a Permanent Resident" under "What if my trip abroad will last longer than 1 year?" Does anyone know if this is what he may have been referring to?

Yes, pretty sure the re-entry permit is what they were referring to.

But as a permanent resident or green card holder, he has the same tax obligations as a citizen until such time as he formally relinquishes it, even if the green card has been deemed to have been abandoned for immigration purposes.

As I understand it, if you move away from the US, his Green Card becomes automatically invalid for re-entry after 1 year, and unfortunately, since he didn't apply for US citizenship before he left, it will likely mean if you want to move back again in the future, he will need to start over with a new immigrant visa again.

What I think that link saying is:
If he knew that he was going to be gone for more than 1 year, he should have applied for a re-entry permit before leaving the US, which would allow him to move back to the US again without needing to start over with a new spousal visa. BUT, the re-entry permit is only valid for 2 years from issue, so if he's gone longer than that it will no longer be valid anyway.

So, from what I understand from your post, his options would be/would have been:

1. If he plans to return to live in the US permanently within 1 year of leaving:
His green card will remain valid for 1 year, so he can move back with no issues

2. If he will be gone at least 1 year, but not more than 2 years:
Apply for a re-entry permit before leaving the US, so that if he's gone for more than 1 year and less than 2 years, he can move back with no issues

3. If he didn't apply for a re-entry permit before leaving the US and/or if he will be gone more than 2 years
Without having US citizenship, he will likely only be able to return to the US if he applies for a returning resident visa (by going through the immigrant visa application and medical exam at the US Embassy in London)

From a quick Google search, I found this document (https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf):

A lawful permanent resident (LPR) normally may travel outside the United States and return; however, there are some limitations.
A reentry permit can help prevent two types of problems:
•   Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United States for 1 year or more.
•   Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country.

A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance.

What will happen if I do not apply for a reentry permit before I travel outside of the United States?
If you are an LPR planning to travel outside of the United States for 1 year or more, it is important that you apply for a reentry permit before you depart the United States. If you stay outside of the United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status. If this happens, you may be referred to appear before an immigration judge to decide whether or not you have abandoned your status. If you are in this situation, contact the U.S. consulate about a returning resident visa.

Your husband with lose his permanent residency if he resides outside of the US for more than 2 years. My dad lost his US permanent residency that way. But I think that was intentional on my dad’s part because he didn’t want to live in the States anyway. If you think there is even a remote possibility of you guys returning to the US then I suggest he apply for citizenship. Also note that any periods spent outside of the US affects his US naturalization application.


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I know a little about this since I have couple of friends who have gone through the same thing.
Permanent residents need to apply for the travel document(re-entry permit) before they travel outside of the US for long term if they want to retain the immigration status.
Your husband can apply for citizenship since he's lived there for 5 years but before getting naturalised I believe he needs to be physically residing in the US for at least 6 months. If he isn't sure about getting the US citizenship, he can get the travel document(re-entry permit) which lasts for max 2 years. You can renew it for 2 more times for a maximum of 5 years. After that, you need to either move back to the States all in all, or fly back and forth every 6 month to the US to maintain the PR.

I know a little about this since I have couple of friends who have gone through the same thing.
Permanent residents need to apply for the travel document(re-entry permit) before they travel outside of the US for long term if they want to retain the immigration status.
Your husband can apply for citizenship since he's lived there for 5 years but before getting naturalised I believe he needs to be physically residing in the US for at least 6 months. If he isn't sure about getting the US citizenship, he can get the travel document(re-entry permit) which lasts for max 2 years. You can renew it for 2 more times for a maximum of 5 years. After that, you need to either move back to the States all in all, or fly back and forth every 6 month to the US to maintain the PR.

Thanks all - this is very helpful, Joeyasc!

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