As a lawful permanent resident, your U.S. green card gives many of the same rights that U.S. citizens enjoy, including the right to live and work in the United States. You also have the right to travel outside of the U.S. for a variety of reasons, including temporary work and internship opportunities abroad.
An internship abroad can be a rewarding experience. It allows for participants to expand their knowledge base and gain valuable work experience. This can make you more desirable to some employers.
But what happens if you take an internship in another country? Can you lose your green card if you intern abroad? If you have a green card and want to intern abroad, discuss your plans with an experienced immigration attorney. The result depends on how long you stay outside the U.S. and your intent to return.
How Long Can a Green Card Holder Stay Outside the U.S.?
As a green card holder, you can travel outside the U.S. However, you must follow certain rules to keep your status.
- Trips shorter than 6 months: These are usually safe. If you return within 180 days, U.S. Customs and Border Protection (CBP) will assume you still live in the U.S.
- Trips longer than 6 months but shorter than a year: These may raise questions. A CBP officer may ask if you abandoned your green card. You will need proof that you still live in the U.S.
- Trips longer than 1 year: These are very risky. If you stay outside the U.S. for more than 12 months, your green card may no longer be valid.
Internships abroad often last a few months. If your internship is less than 6 months, you should be safe. But if it is longer, you need to take extra steps to protect your status.
Can a Long Absence Affect My Green Card?
Yes. If you stay abroad for too long, the U.S. government may think you have abandoned your green card, and you can lose it. Even if your green card is still valid, Customs and Border Protection (CBP) officers at the airport can question you about your leave.
They will look at how long you were gone, whether you have a home, job, or family in the U.S., and whether you pay U.S. taxes and keep U.S. bank accounts, credit cards, and memberships.
If you will be outside of the U.S. for more than a year, it is a good idea to file Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records) before you leave. Once your application is accepted, it will be valid for two years, so keep it secure with your passport or other travel documentation.
How to Protect Your Green Card While Interning Abroad
If you plan to intern outside the U.S. for several months, take these steps:
- Keep strong ties to the U.S.
- Retain a U.S. address
- Maintain a U.S. bank account
- Pay U.S. taxes
- Keep a phone number and utility bills in your name
- Return to the U.S. if possible
- If your internship allows, visit home every few months.
- Returning even for a short time shows you still live in the U.S.
- Get a re-entry permit if needed
- If you will be gone for more than a year, apply for a Re-Entry Permit (Form I-131) before leaving.
- This permit lets you stay outside the U.S. for up to two years without losing your green card.
- Tell the U.S. embassy if you have an emergency
- If something delays your return, contact a U.S. embassy or consulate for advice.
If you lost your re-entry permit while abroad, you may need to file another Form I-131A. This document lets your transportation carrier know that you can legally travel to the U.S. without penalties.
What If CBP Thinks I Abandoned My Green Card?
If a CBP officer thinks you abandoned your green card, they might:
- Ask you questions about your time abroad
- Take your green card and ask you to sign Form I-407 (which gives up your status)
- Let you enter the U.S. but send you to immigration court.
Do not sign Form I-407 unless you want to give up your green card! If you disagree with the CBP officer’s assessment, you have the legal right to ask to see an immigration judge and prove you did not abandon your residency.
If this happens, we highly encourage you to seek guidance from an experienced immigration attorney.
Can an Internship Abroad Affect My Citizenship Application?
If you plan to apply for U.S. citizenship, spending too much time outside the U.S. could slow things down. You need to show continuous residence in the U.S. for 5 years (or 3 years if you’re married to a U.S. citizen). If you stay outside the U.S. for more than 6 months, you may break this rule and may need to restart the waiting period for naturalization.
If you plan to apply for citizenship soon, consider shortening your trips to avoid problems.
Do You Need a Lawyer if You Plan to Intern Abroad?
Taking an internship abroad is exciting, but green card holders must be careful to maintain their legal status. You could lose your green card if you stay outside the U.S. too long. To stay safe, keep your ties to the U.S., make your trips short, if possible, and apply for a re-entry permit if you think you may need one so you don’t lose your green card when you intern abroad.
If you’re a green card holder unsure if interning abroad could affect your status, contact Warren Law Firm to schedule a consultation. Let us help you plan for a great experience as an intern abroad without worrying about losing your green card!