A green card is giving to those who are technically immigrants in the United States who have obtained permission for permanent residency both to live and work here in the country. This card often is referred to those who are in the process of obtaining their legal residency here in the U.S. as well. However, if you are a green card holder while here in the U.S. then there are a few crucial tips to consider in the event that you are traveling out of the country. As a permanent resident, it is in your right to come and go from the United States. Unfortunately, just because you are allowed to come and go, does not mean that you are guaranteed reentrance if you do not have your proper legal documentation ready to prove your green card status.
When traveling as a green card holder it is absolutely critical that you have certain documentation with you at all times. You will want to make sure you have your foreign passport with you (even though you are legal here this is important to have as well) when entering into other countries other than the U.S. Because while your green card is necessary for you to enter back into America, your foreign passport allows you to travel elsewhere. Your Permanent Resident Form, or Form I-551, is to be up to date; for you will not be granted reentrance if it has expired.
Perhaps you have applied recently for your Green Card, and though you were approved it has not arrived on time for your travels. If this is the case, then as long as you have the official Form I-551 stamped onto your passport, they will allow you to travel and reenter. In the event that your green card has expired, as long as you travel with the expired card with an official receipt from the U.S. Citizenship and Immigration Services (USCIS) claiming that you have already purchased the updated version and the necessary documents are in process pending approval, there shouldn't be a concern in most cases.
If you have recently sought to change your status or have applied for asylum, as long as you are able to prove the documents are pending with the USCIS, along with an Advance Parole document (permission to travel with cancelled application) you will be able to reenter the country. For more questions regarding your specific Advanced Parole documentation before traveling, consider contacting an immigration attorney in your area for the legal guidance you need.
What happens if you lose your green card during your travels? What if your bag with all your forms were stolen from you? The "what if" possibilities are endless, and for that reason you are then advised to contact the United States embassy or consulate in the country you are currently in. once you have discussed the matter over with them, they will likely be able to offer you temporary documentation called the U.S. Government Transportation Letter in order to give you access for reentry in the country. In the event that your U.S. documents were stolen during your travels, it is also important that you contact the local authorities so that you can file an official police report. Why is this necessary? Because there are individuals who may try and sell their green cards in order to make a few dollars, and by obtaining a police report this will show the consulate that you are honorable in the situation.
In the event that you have left America for over a year, there is a good chance that even if your documents are not expired, that they will require you to file a reentry form. The USCIS Form I-90 will be filed for when you arrive in the U.S. by the airport or border patrol. What many people don't realize is that the government watches closely to those who are leaving the country, especially immigrants; even green card holders. If there is any reason that they believe you left the country with the intent of making your abode elsewhere, they will automatically consider you to have "abandoned your residency" and therefore require more legal steps.
U.S. officials will judge this by your intentions upon leaving the country, if it seemed as though there was no reason for you to come back they will consider you as abandoning the U.S. as your home country. Obviously there are many factors that will have to be taken into account for every situation. Factors such as your place of employment, and the traveling requirements you have along with it; where your family is currently living and the reasons you went to visit them, etc. When dealing with immigration, or any legal matter, there is rarely a black and white answer. In many cases there are numerous factors that are weighed before a decision is made regarding any one person.
Other reasons for you not being allowed to reenter into the U.S. include the aforementioned "abandonment", if you were out of the country for 6 months, or if you were found to be involved in illegal activity in another country. These criminal activities specifically include anything regarding drug trafficking, money laundering, prostitution/human trafficking, security violations, etc. All in all, if you are currently a green card holder in the United States, and you come across any complications upon traveling in or out of the country, contact an immigration attorney in your area for the legal representation you deserve. Whether it means fighting for criminal charges or to receive reentry; they will fight to protect your rights!