Can You Keep a U.S. Green Card While Living in Canada?

Your Permanent Home Must Be in the United States

As a U.S. permanent resident (Green Card holder), your legal residence must be in the United States. If you live in Canada and only visit the U.S. occasionally, immigration officials may view your actions as abandonment of permanent residency.

Many Green Card holders mistakenly believe that entering the U.S. once every six months or even once a year is enough to maintain their status. However, the U.S. must remain your primary home. If you primarily live in Canada and treat the U.S. as a place to visit, you are at risk of losing your Green Card.

This blog explains:

• Why the U.S. must be your permanent home
• How long a Green Card holder can stay outside the U.S.
• What official U.S. immigration policies say about travel
• How to protect your Green Card

U.S. Immigration Policies on Green Card Holders Traveling Abroad

Green Card Rules for Re-Entry into the U.S.

According to 9 FAM 202.2-7(A), an LPR (lawful permanent resident) must present a valid, unexpired Form I-551 (Green Card) when seeking entry into the United States. Simply holding a Green Card does not guarantee re-entry—immigration officers will evaluate whether you have maintained your U.S. residence.

An LPR returning to an unrelinquished U.S. residence may be allowed entry without a visa if:

1. They have a valid Green Card and are returning after a temporary absence of less than one year.
2. They have an expired Green Card (valid for 10 years), if the expiration is the only issue preventing boarding.

If an LPR has been outside the U.S. for more than one year, their Green Card may be considered abandoned unless they have obtained a Re-Entry Permit before leaving.

How Long Can a Green Card Holder Stay Outside the U.S.?

As a general rule, permanent residents should avoid spending more than six months outside the U.S. at a time. Here’s what happens based on the length of your absence:

Less Than 6 Months (180 Days)

• You can typically re-enter the U.S. without issues.
• Border officers may ask about your time abroad but usually will not question your residency.

More Than 6 Months but Less Than 1 Year

• You may face questions at the border about your time outside the U.S.
• If officers believe you do not intend to live in the U.S. permanently, they may challenge your residency.
• You may need to show proof that you maintain strong ties to the U.S.

More Than 1 Year

• Your Green Card may be presumed abandoned unless you had a Re-Entry Permit before leaving.
• Without a permit, you may need to apply for a Returning Resident Visa (SB-1) at a U.S. consulate.
• You may be denied entry to the U.S. and lose your Green Card.

The Risks of Living in Canada as a Green Card Holder

If U.S. immigration officials determine that you actually live in Canada and only visit the U.S., they may revoke your Green Card. Officers will consider several factors, including:

• How much time you spend in the U.S. compared to Canada
• Whether you have a home, job, or business in the U.S.
• If you file U.S. tax returns as a resident
• Whether you maintain U.S. bank accounts, a driver’s license, and other strong ties
• If your family resides in the U.S.

If they believe your real residence is in Canada, they may decide you have abandoned your U.S. permanent residency.

How to Protect Your Green Card While in Canada

If you must spend time in Canada, take steps to prove that your primary home remains in the U.S.

1. Spend More Time in the U.S.

• Stay in the U.S. for at least six months per year whenever possible.
• Avoid long, continuous stays outside the U.S.

2. Maintain Strong U.S. Ties

• Own or rent a home in the U.S. and keep it occupied.
• Have a U.S. job or business or show that you are actively seeking one.
• Keep U.S. bank accounts, credit cards, and health insurance active.
• Continue filing U.S. tax returns as a resident.

3. Apply for a Re-Entry Permit If You Need Extended Travel

• If you must be outside the U.S. for up to two years, apply for a Re-Entry Permit (Form I-131) before leaving.
• This document helps show that you still intend to live in the U.S. permanently.

4. Consider U.S. Citizenship

• If eligible, applying for U.S. citizenship eliminates the risk of losing your status.
• Most Green Card holders can apply after five years (or three years if married to a U.S. citizen).

What to Do If Your Green Card Is at Risk

If you have spent significant time in Canada and are worried about your status:

• Gather proof of your strong ties to the U.S., such as property records, tax filings, and employment records.
• Speak with an immigration attorney to discuss your options.
• If necessary, consider applying for a Re-Entry Permit to safeguard your status.

Need Help?

If you live in Canada but want to keep your U.S. Green Card, you must ensure that the U.S. remains your permanent home. Immigration laws can be complex, and the consequences of abandonment can be severe. If you need legal advice, consulting an immigration lawyer can help protect your status.

Schedule a Consultation with an Immigration Lawyer

Citations

• Maintaining Permanent Residence
• 9 FAM 202.2 (U) Lawful Permanent Residents (LPRs)

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