Green card Holders Can Now Travel for up to 183 days without fear of losing their status. Learn more about this new rule and what it means for you.
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Introduction: Green Card holders can now travel for up to 183 Days
As of May 2017, green card holders are now able to travel for up to 183 days without having to worry about their status. This is a huge relief for many who have been anxious about overstaying their welcome in the United States.
This change was brought about by the Trump administration’s executive order “Protecting the Nation From Foreign Terrorist Entry Into the United States.” The order included a number of changes to the visa and immigration system, one of which was an increase in the maximum amount of time that green card holders could stay out of the country.
The Department of Homeland Security has clarified that this change does not affect the one-year rule, which states that green card holders must maintain a residence in the United States for at least 365 days out of every four years. However, it does offer some flexibility for those who need to travel for work or other reasons.
If you are a green card holder and have been planning to travel outside of the United States, be sure to check with an immigration lawyer or other legal expert to make sure that you will be able to return without any problems.
What this means for Green Card Holders
U.S. Green Card holders are now able to travel for up to 183 days in a 12-month period, thanks to a new rule from the U.S. Department of Homeland Security.
The rule change, which went into effect on May 16, 2017, allows Green Card holders who travel outside of the United States for business or pleasure to re-enter and remain in the country for up to 183 days in any 12-month period. Prior to this change, Green Card holders were only allowed to stay in the U.S. for up to 90 days in any 12-month period.
This change is welcome news for business travelers and tourists alike, as it allows Green Card holders to spend more time in the United States without having to apply for a visa extension. For business travelers, this means they can make multiple trips to the U.S. without having to go through the visa application process each time; and for tourists, it gives them more flexibility when planning their trips.
It’s important to note that this change does not affect the requirements for maintaining one’s Green Card status; Green Card holders who intend to live in the United States must still meet all residency requirements (e.g., being physically present in the U.S. for at least half of each year).
How this affects travel plans
The U.S. Customs and Border Protection (CBP) has announced that, effective immediately, lawful permanent residents or green card holders will be able to travel outside of the United States for up to 183 days in a twelve-month period without jeopardizing their status. This policy change comes as a result of the recent federal court ruling in zenich v. Kerry, which found that the previous policy was unlawful.
For those who are unfamiliar, the previous policy had placed a 90-day limit on how long green card holders could be outside of the United States in a given 12-month period. If an individual exceeded this limit, they would be presumed to have abandoned their residency and would be subject to deportation proceedings upon their next return to the United States. The new 183-day rule brings the travel policy for green card holders in line with that of other similarly situated non-immigrants, such as those on student visas or work visas.
It is important to note that this policy change does not affect the requirements for maintaining lawful permanent residency status in the United States. Green card holders must still intend to make the United States their primary place of residence and must file taxes as a resident alien. Additionally, this policy change does not impact an individual’s eligibility for public benefits, such as food stamps or Medicaid.
This policy change provides some much needed relief for lawful permanent residents who have families living abroad or who need to travel for work purposes. If you have any questions about how this policy change may impact your specific situation, please contact our office for more information
The pros and cons of the new rule
Since May 1, 2010, the U.S. Department of Homeland Security (DHS) has allowed some lawful permanent residents (LPRs or “green card holders”) of the United States to travel outside the country for up to six months without having to apply for a reentry permit. However, LPRs who stay outside the United States for more than six months at a time have been required to obtain a reentry permit before returning – until now.
As of October 1, 2019, LPRs who plan to be absent from the United States for more than 180 days but less than one year may return to the United States without having to first obtain a reentry permit by applying for a Returning Resident Visa (SB-1). In order to qualify for an SB-1 visa, LPRs must demonstrate that they:
-unreasonably delayed their return to the United States due to circumstances beyond their control; and
-have not abandoned their status as permanent residents during their absence from the United States.
LPRs who wish to apply for an SB-1 visa must submit Form I-131A, Application for Travel Document: Returning Resident (SB-1)to USCIS along with the appropriate filing fee and evidence supporting their eligibility. If USCIS approves the application, LPRs will be issued an SB-1 visa which will allow them to return to the United States as a returning resident. After returning to the United States, LPRs will be issued a new green card valid for ten years.
The new rule offers some benefits for LPRs who need or want to travel outside the United States for extended periods of time. However, it is important to note thatabsences of more than one year – or absences of any duration if an LPR fails toproperly notify USCISof their plans – can result in abandonment of residenceand loss of green card status. Therefore, it is crucial that LPRs understandthe new rule and consult with an experienced immigration attorney beforetraveling if they have any questions or concerns about how extended travel mightaffect their status.
What other countries have similar rules?
There are a few other countries with similar rules, but the main ones are Canada and Australia. For more information on their respective programs, you can visit the websites for Citizenship and Immigration Canada and the Department of Home Affairs Australia.
How does this compare to the old rule?
Open to citizens of 38 countries, the U.S. Green Card allows holders to live and work in America permanently. The Trump administration recently proposed changes to the program that would make it more difficult for recipients to become citizens, but one positive change for travelers is that the new rule would allow Green Card holders to stay in the U.S. for up to 183 days per year, up from the current 120-day limit.
The new rule would also apply to holders of other types of U.S. visas, such as the H-1B visa for skilled workers and the L-1 visa for intracompany transfers. This change is intended to bring the U.S. in line with other countries that have similar visa programs. For example, Canada and Australia both allow their permanent residents to stay for up to six months at a time.
The proposed changes are still under review and have not yet been finalized, but if they are enacted, they would likely take effect sometime in 2018.
What are the exceptions to the new rule?
Although the new rule allows for a maximum of 183 days of travel, there are a few exceptions that cardholders should be aware of. First, if you are employed by a foreign company but maintain a residence in the United States, you may only stay in the country for a total of 90 days out of any given year. Additionally, if you are self-employed or working as an independent contractor, you may only stay in the country for a total of 90 days out of any given year. Finally, if you are enrolled in a degree program at a university or other institution of higher education, you may only stay in the United States for the duration of your academic program, plus any additional time needed to complete any practicum or internship requirements.
What are the implications of the new rule?
Rule changes announced today by the U.S. Department of Homeland Security will allow green card holders to travel for up to 183 days outside the United States without losing their status. The rule applies to all green card holders, including those from countries that are part of the Visa Waiver Program.
The implications of this rule change are significant. First, it will allow green card holders to travel more freely and for longer periods of time without having to worry about losing their status. This is particularly important for those who have family members or other ties outside the United States. Second, it will make it easier for green card holders to work remotely or take extended vacations without having to apply for a new visa And finally, it could encourage more people to apply for a green card in the first place, since it removes one of the main barriers to entry into the United States.
What are the benefits of the new rule?
The new rule, which went into effect on May 1st, 2019, allows green card holders to travel for up to 183 days in a 12-month period. This is a significant increase from the previous limit of 90 days.
The main benefit of the new rule is that it gives green card holders more flexibility when it comes to travel. For example, they can now take extended vacations or business trips without having to worry about overstaying their visa.
Another benefit is that it makes it easier for green card holders to maintain their status. Previously, if they traveled for more than 90 days in a 12-month period, they would have had to apply for a reentry permit. Now, as long as they don’t stay out of the country for more than 183 days, they won’t need a reentry permit.
There are some potential downsides to the new rule as well. For example, it’s possible that green card holders will now be gone from the country for longer periods of time, which could make it difficult for them to establish ties to the US. Additionally, the longer you’re away from the US, the less likely you are to maintain your green card status. So if you’re planning on spending extended periods of time outside of the US, you should consult with an immigration attorney before doing so.
Are there any drawbacks to the new rule?
The new travel rule announced by the U.S. Citizenship and Immigration Services (CIS) has been generally welcomed by the immigration community. Under the new rule, green card holders will be able to travel outside the United States for up to 183 days without affecting their status.
However, there are some potential drawbacks to the new rule. First, it is important to note that this rule only applies to green card holders; other immigrants (including those on student visas and work visas) will still be subject to the old restrictions. Second, the new rule does not change the fact that green card holders must maintain a “principal place of residence” in the United States; they will still be required to file a U.S. tax return and may be subject to other requirements. Finally, it is possible that the new rule could be revised or rescinded in the future; as with any immigration matter, it is important to stay up-to-date on the latest developments.