What is voluntary departure?
If you have been granted a green card in the United States, you may wonder how your immigration status affects your ability to travel and visit your home country. Understanding your legal rights and responsibilities as a lawful permanent resident is crucial, so continue reading and work with a skilled New York City green card immigration lawyer today.
A green card is a document issued by the USCIS (United States Citizenship and Immigration Services) that proves that you are a lawful permanent resident of the United States. Lawful permanent resident status grants you the right to live and work permanently in the country, and provides a path to citizenship once you have met certain residency requirements.
Green card holders must maintain a primary residence in the U.S., file tax returns as a resident, notify the USCIS of any address changes in a timely manner, obey all U.S. laws, support the democratic government, and register with the Selective Service (for males aged 18 through 25).
In exchange for these responsibilities, lawful permanent residents can live and work permanently in the United States and are protected by all federal, state, and local laws.
Yes, if you have been given a green card in the United States, you can visit your home country. International travel is a benefit granted to lawful permanent residents. Your green card, along with a valid passport, acts as proof that you are permitted to leave and enter the country. If you are feeling homesick, need to help out friends or family, or simply want to visit, you can return to your home country or visit somewhere new with the use of your green card.
Whether you are visiting your home country or traveling somewhere you have never been, it is important to understand the limitations of your lawful permanent residence status. While you are legally allowed to leave the country, you must return within a certain timeframe in order to maintain your immigration status.
Trips that last fewer than 6 months are generally safe and do not require any documentation. You should be able to return within 6 months without any issues. However, remaining out of the country for 6 to 12 months could leave the Customs and Border Patrol wary of your intent to maintain permanent residence in the U.S. If your trip lasts longer than 6 months, you may need to provide evidence of your desire to continue living in the country, like proof of a U.S.-based job or business, an ongoing lease or mortgage, tax filings in the U.S., and ties to your friends, family, or community.
If you remain outside of the U.S. for longer than one year, your green card is no longer sufficient for your return to the country. Instead, you must procure a reentry permit. This document establishes that you did not intend to abandon your status and allows you to apply for admission to the U.S.
To learn more about your legal rights and options, reach out to a knowledgeable immigration attorney today.
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