If you are a Green Card holder you may think that you are allowed to travel in and out of the US as you wish. Although the Green Card does allow you to travel, it is actually for a Legal Permanent Resident. This means that the Green Card is meant for someone who lives in the US. Nowadays, with the ease of travel, more people are splitting their lives between multiple countries. As a Green Card holder, your center of life should be in the US. In simple terms it would mean spending the majority of your time there. It can also be employment in the US, family members residing in the US, owning or renting property in the US.
In this article we will discuss what happens when you have to leave the US for an extended period of time and how it affects your Green Card. We will discuss what you can do in order to preserve your Legal Permanent Resident status.
If you are in the situation where you are considering applying for an SB-1 application, it is not so straight forward to hold on to your Legal Permanent Resident status. A US immigration lawyer can expertly guide you through this process and handle the application from start to finish. They will work out the best course of action and explain to you what they predict will happen.
No Entry for Over a Year
If you do not enter the US for over a year, you will need to apply for a special application called an SB-1 application in order to maintain your status. It is not recommended to try and enter the US as you may be turned away at the border or even have your Green Card cancelled.
As part of your SB-1 application, you will need to prove two main things:
Proof of continued ties to the US
As part of the application, you will need to state which family members you have who live in the US. This will prove that you still have ties to the US and reason to be there. In addition, you should provide evidence of anything that shows your center of life is still in the US. Evidence of this could be still filing US taxes and filing as a resident, family ties, mortgages and employment with a US employer.
Proof of temporary nature of stay outside of the US
In your application, you want to prove that you always intended to return however there was barriers stopping you from returning. An example that can happen to Israelis is having to perform mandatory army duty in Israel. Although you may want to return to the US, you are required to stay in Israel until the end of your army service.
Another common example is needing to take care of a sick family member outside of the US. It is important to show that this is a temporary situation and that you still see yourself as a resident of the US. The stay abroad is only due to not having a choice of leaving this family member.
The Embassy in Jerusalem has indicated that they are considering cases where someone has stayed out of the US for more than a year due to the COVID-19 pandemic. It is recommended to try the SB-1 application before starting a new immigrant application.
What are my chances of success?
Your chances of success depend on a number of factors such as:
- How long you have been out of the US
- How much ties you still have in the US
- Family members you have in the US
- Documents proving why you needed to be abroad
In general, the longer you are out of the US, the lower your chances are of approval of your application. Similarly having good evidence of ties to the US and proving that your trip abroad was temporary will be very important. Solid evidence will be critical to the success of your application.
Your US immigration lawyer can give you a good idea of your chances of success once they review the information and documents that you have.
What happens if my application is denied?
If you are denied the SB-1 application, you can then make an application for a visa or Green Card. For example, if you are married to a US citizen and they applied for a Green Card for you. You then left the US for over a year and your subsequent SB-1 application is denied. You can then apply again for a Green Card on the basis of your US citizen spouse. This will mean that you are starting the process from the beginning again and will need to pay the processing fees again.
If you are not eligible for a Green Card, or don’t intend to live in the US, you could apply for a tourist visa or work visa.
US Immigration Lawyer
Your US immigration lawyer can assist you with completing your SB-1 application. At Decker, Pex, Levi, Rosenberg we have years of experience with SB-1 applications as well as finding creative solutions if you are not eligible. We also work with you to make a plan of action if you are denied for your SB-1 application. We hold an initial consultation meeting to understand you case and then move forward to work with you. Call us now on 03-372-4722.
