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I just received my conditional green card and want to travel. How long can I travel outside the US?

By November 7, 2022Immigration
a passport and green card

Those who are awarded a green card based on marriage to a U.S. citizen will first receive a conditional green card if they have been married fewer than two years at the time the green card is granted. Before the two-year anniversary of their conditional green card, they must file a Form I-751 petition in order to remove the conditions on the green card. You can find more details on the process of filing an I-751 application to remove conditions here and here.

If an individual who holds a conditional green card wants to travel outside the U.S., how much time can they spend outside the U.S.?

Those who are granted a conditional green card and want to travel are encouraged to closely watch the amount of time they spend outside the United States, since either a single trip of an extended length of time or multiple trips of shorter periods of time can create immigration consequences.

If possible, the holder of a conditional green card should limit their total travel outside the U.S. in any twelve-month period to fewer than six months

An individual who holds a conditional green card is encouraged to limit their combined travel each year is less than six months in any twelve-month period. This period does not need to be a calendar year – USCIS can measure it in any twelve-month period, so the individual should do so as well.

Also, remember that this amount of time is counted in the aggregate – in other words, six trips that are each five weeks could still create immigration consequences since the total time is more than six months. If it is possible to do so, it is therefore recommended that the individual limit their travel outside the US to less than six months over the course of any twelve-month period.

Additional steps are recommended if travel exceeds a total of six months in any twelve-month period

Once the individual’s travel outside the U.S. goes beyond six months in a one-year period, they will need to be particularly careful to show that the U.S. has remained their continuous residence in spite of their frequent travel. They can do so by preserving documents showing that they intended to maintain the US as their country of residence. This can include:

  • Filing federal and state income tax returns as a resident of the United States;
  • Maintaining property in the United States;
  • Maintaining a driver’s license with a U.S. address of record; and
  • Having immediate family members residing in the United States who are U.S. citizens.

USCIS can also review whether the individual maintains connections outside the United States. These would weigh against the individual and can include:

  • Immediate family members residing outside of the United States;
  • Property and business ties in a foreign country;
  • Employment by a foreign employer or foreign government;
  • Voting in foreign elections;
  • Running for political office in a foreign country; and
  • Frequent and extended trips outside of the United States.

Again, to avoid getting into this balancing test, the holder of a conditional green card is encouraged to limit their time outside the U.S. to less than six months within a given twelve-month period.

What steps are recommended if the holder of a conditional green card plans to travel outside the U.S. for longer than one year?

If the holder of a conditional green card plans to take any trip longer than a year, there are several additional steps that are required. We have posted several detailed posts on this topic, which can be found here and here.

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