Green Card Holders Must Use Their Green Card to Re-enter the U.S.
If you are a U.S. green card holder (lawful permanent resident or LPR), you are legally required to present your green card (Form I-551) when re-entering the United States. Some green card holders mistakenly believe they can use only their foreign passport to return, but this is a violation of U.S. immigration law and can have serious consequences.
Legal Requirement to Use Your Green Card
U.S. immigration law requires lawful permanent residents to present valid documentation when seeking entry into the country. The key laws that govern this requirement include:
- 8 U.S.C. § 1181(a) (INA § 211(a)) – States that immigrants lawfully admitted for permanent residence must present valid documentation upon reentry.
- 8 C.F.R. § 211.1(a) – Specifies that LPRs must present a valid, unexpired Form I-551 (Green Card) to be admitted into the U.S.
If a green card holder does not have their green card, they may be denied entry unless they qualify for a waiver or present alternative documentation, such as a reentry permit (Form I-131).
The Risks of Using Only a Foreign Passport
Some green card holders attempt to enter the U.S. using only their foreign passport to avoid being questioned about long stays outside the country. However, this is considered misrepresentation under 8 U.S.C. § 1182(a)(6)(C) and can lead to:
- Being accused of abandoning permanent resident status
- Secondary inspection or additional questioning by U.S. Customs and Border Protection (CBP)
- Possible removal (deportation) proceedings
Time Limits for Green Card Holders Traveling Abroad
If you spend too much time outside the U.S., immigration officials may question whether you have abandoned your permanent resident status. The general time limits are:
- More than six months (180 days): You may face questioning about your ties to the U.S.
- One year or more: Without a valid reentry permit (Form I-131), you risk losing your green card status.
How to Avoid Problems When Traveling
To ensure a smooth reentry into the U.S., follow these guidelines:
- Always carry your green card when traveling internationally.
- If traveling for more than one year, apply for a reentry permit (Form I-131) before leaving the U.S.
- Maintain strong ties to the U.S., such as a home, job, or family, to show you have not abandoned your residency.
- Do not attempt to hide your LPR status by using only a foreign passport.
Final Thoughts
Green card holders must use their green card when reentering the U.S. Trying to enter with only a foreign passport to hide long trips abroad is a violation of U.S. immigration law and could put your permanent resident status at risk. If you have concerns about travel and maintaining your residency, consult an immigration attorney for guidance.
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