USCIS Can Deny Green Card Renewal Applications for Excessive Time Abroad

USCIS Can Deny Green Card Renewal Applications for Excessive Time Abroad

 

Did you know that if you spend too much time outside of the United States, then United States Citizenship and Immigration Services (USCIS) can deny your green card renewal?  It is true.

 

Our firm recently was contacted by someone who needed help because USCIS was on the verge of denying his request to renew his green card.  The reason was because he had spent too much time abroad.  If you are a green card holder (lawful permanent resident), it is important that you do what is necessary to avoid this difficult immigration situation.

 

In this article, we are going to discuss why USCIS takes issue with green card holders who spend excessive time abroad, and what you can do to avoid putting your green card status in jeopardy.  If, after reading this article, you have more questions about travel abroad as a green card holder or renewing your green card in general, then we invite you to contact us at Ashoori Law.  Feel free to call us at +1-818-741-1117 or you may schedule a free consultation by clicking this link.

 

The Intent to Reside in the United States Requirement

 

Many green card holders think that as long as their travel outside of the United States is for less than one year, and as long as U.S. Customs and Border Protection officials allow them to re-enter the United States each time they travel, then they should be ok.  That is not necessarily correct.

 

Just because U.S. Customs and Border Protection allows you back into the country does not necessarily mean that your green card will be renewed when it comes time for you to renew it with USCIS.

 

When USCIS evaluates your request to renew your green card, the agency looks for a very important piece of information – your intent to reside in the United States. Once you obtain a green card, you must continue to show that you have the intent to reside in the United States.

 

USCIS may view excessive absences from the United States as evidence of a break in your intent to reside in the U.S.  USCIS, then, may take the position that your travel shows that you do not actually intend to reside in the United States.  Accordingly, excessive absences could result in USCIS denying a renewal of your green card.

 

You worked hard to obtain your green card.  You do not want to jeopardize your immigration status.  So, there are a few things you can do to help avoid a scenario where USCIS comes to the conclusion that you have failed to comply with the intent to reside in the U.S. requirement.

 

How to Maintain the Intent to Reside in the U.S. Requirement

 

There are two main ways in which you can protect your status as a green card holder when it comes to travel abroad and the continuous residence requirement.

 

1. Reduce the Length of Time, or the Frequency, of Your Travel Abroad

 

If at all possible, it is highly advisable to avoid excessive travel outside of the U.S. Depending upon your family or work situation, you might find it difficult to change your current travel outside of the United States.  Yet, if it is possible to limit trips abroad, or shorten your stay when you are abroad, then that would greatly improve the likelihood of USCIS believing that you intend to reside in the U.S.

 

2. Get a Reentry Permit

 

If you find that you are unable to avoid traveling for extended periods of time or unable to avoid frequent or excessive trips outside of the U.S., then consider obtaining a reentry permit.  A reentry permit is a travel document that is similar to a passport.  You can apply for a reentry permit with USCIS using Form I-131.

 

The reentry permit establishes that, when you travel, you do not intend to abandon your status as a U.S. lawful permanent resident (green card holder).  In short, it helps protect your status as a green card holder when you travel.  Be sure, however, to obtain the reentry permit before you travel.  It is not possible to apply for a reentry permit while you are outside of the U.S.

 

Conclusion

 

Obtaining a green card in the United States takes time and commitment.  You do not want to jeopardize your hard-won green card because you had a lengthy stay outside of the U.S., or because you needed to travel frequently.  Be sure to follow the guidelines above and consider consulting with an experienced immigration attorney to make sure that you protect your green card status.

 

My name is Michael Ashoori and I’m a U.S. immigration lawyer and the founder of Ashoori Law. As an immigration lawyer, I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.  If you have any questions, feel free to schedule a free consultation by clicking this link.

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Loida O. Rivera de L.
estoy muy satisfecha como clienta de esta firma de abogados , ellos estan siempre diapuestos a respoder cualquier inquietud q yo tenga , yo los recomiendo al 100%.
Tarek E.
I had an excellent experience with Ashoori Law Firm, and I highly recommend their services. From start to finish, the team demonstrated a high level of professionalism, expertise, and dedication. They were extremely responsive, clear in their communication, and provided me with full support throughout the entire process, which gave me great confidence and peace of mind.
I would also like to give a special shout-out to Andreas Soto for his outstanding support from day one. His guidance, continuous follow-ups, and thoughtful recommendation of the right attorney for my case made a significant difference. Andreas was always available, attentive, and genuinely invested in ensuring everything went smoothly.
Thank you to the entire Ashoori Law team for your professionalism and commitment. I truly appreciate all the help and support, and I would not hesitate to recommend your firm to anyone seeking reliable and high-quality legal services.
swapna N.
Working with Ashoori Law was the best decision I made. Their attention to detail and diligence at every step of the GC process was remarkable. It is rare to find a firm that provides such frequent check-ins while also ensuring you get a quick response every single time you call or email. They treated my case with urgency and care, and I am very happy working with them. I felt confident and informed throughout. I highly recommend them and will be working with them in future.
Josh H.
My family and I had the pleasure of working with Michael's team in order to process our E2 visa. They were extremely professional, knowledgable and helpful in ultimately getting our Visa. Will use them in the future again!
Sajid I.
I used services of Ashoori Law for my L-1A petition. I started the process in Oct 24 by talking to eleven immigration law firms, of which Ashoori Law was the 8th. During my initial free consultation, I waited on the call for 10 minutes and when no one joined, I wrote to Michael and informed him of the situation. It was late in the evening in CA but Michael replied back immediately, apologised and assured me that someone would be in touch. The next morning, Ehsan got in touch, walked me through the process in detail and explained exactly how things would work. Later Ehsan arranged a call with the immigration Cristina Casabianca, who walked me through the specifics of the petition and give a clear an honest picture of the work involved, the challenges and chances of success. I selected Ashoori Law because of these three interactions with Michael, Ehsan and Cristina. Their professionalism, sincerity, honesty and enthusiasm impressed me above all the other firms that I had spoken to.
Over the next 10 months, Ashoori Law followed through progress of the case at every stage and were quick to respond to all my queries. Their teams and partners guided me smoothly through all the requirements of the petition and stepped in wherever it was necessary to address any of my concerns.
Thanks to their team and partners, I had a successful outcome to my petition. Cristina then guided me throughout the visa application and interview process and gave me advice on the things that I should bear in mind during my move.
I highly recommended the services of Ashoori Law and their partners.
Nazanin Ale H.
I had a great experience with Ashoori Law office, specifically with Geo Davidson. He helped arrange a consultation with an amazing attorney and made the entire process smooth and stress-free. What really stood out was his follow-up—he genuinely cared about making sure all my questions were answered and that I felt supported throughout the process. His professionalism, responsiveness, and attention to detail made a big difference.
I highly recommend working the Ashoory Law Office team.
Elvis R.
After approaching multiple lawyers, I came across Ashoori law. Michael and his team were very professional, helpful and understanding. We went through a less painstaking, systematic approach. Even though we were miles apart we got our work done through Ashoori law. Will definitely recommend this place and will go here for all our further immigration and other lawful needs. Thank you Michael and team. Was a pleasure dealing with you.
Tolulope E.
Worked with Andres Soto of Ashoori and he was excellent in understanding my needs, understanding the relevant laws and guidelines and providing guidance on how best to achieve my goals. I recommend both Andres Soto and the firm Ashoori Law to all
Ramchandra V.
I had an excellent experience working with Ashoori Law on my E-3 visa renewal. The entire process was handled very efficiently and on time. The application package was prepared professionally and thoroughly, with great attention to detail. What really stood out was how clearly the lawyer explained the entire E-3 renewal process, walking me through each step and setting expectations upfront. I always felt informed and confident throughout. I highly recommend their services to anyone looking for a knowledgeable and reliable immigration attorney for E-3 visas.
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Michael Ashoori, Esq.

President of Ashoori Law

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.

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