My wife is a French citizen with a temporary 2-year green card. Is it too risky for her to leave the country under the current administration?
Traveling on a temporary green card.
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Green card holders (including conditional ones) have the legal right to travel and return to the U.S., as long as:
- She doesn’t stay abroad more than 6 months at a time, and preferably keeps trips under 3 months unless necessary.
- She brings all necessary documentation:
- Valid passport
- Valid green card (Form I-551)
- Marriage certificate (recommended, if applicable)
- Proof of residence/ties to the U.S. (job, lease, utility bills, etc.)
Risks Under the Current Administration:
- Increased scrutiny at the border: More detailed questioning, especially for newer green card holders or those from certain backgrounds.
- Misinterpretation of abandonment: Absence of 6+ months or perceived lack of U.S. ties can raise questions about abandoning permanent residency.
- Policy changes: While no current law blocks green card holders from reentry arbitrarily, future executive orders or stricter border enforcement could make reentry more stressful.
All that said, as a French citizen and green card holder, she’s not at risk unless there are:
- Past immigration violations
- Criminal issues
- Extended absences
- Suspicion of marriage fraud (rare cases)
To Minimize Risk:
- Carry all documentation: green card, marriage documents, lease/mortgage, work letters.
- Avoid long trips: keep under 6 months, ideally under 3.
- Don’t travel if the green card is close to expiring and Form I-751 (to remove conditions) hasn’t been filed.
- If a trip over 6 months is unavoidable, apply for a reentry permit (Form I-131).
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Traveling on a temporary green card.
I understand you have questions about traveling on a temporary green card. Have you encountered any issues while traveling with your green card?
No.
Are you looking to travel outside of the United States and are unsure about the requirements for temporary green card holders?
No. Worried if it’s risky to do.
Is there anything else the immigration lawyer should know before I connect you? Rest assured they’ll be able to help with traveling on a temporary green card.
My wife is a French citizen with a temporary 2-year green card. She’s worried about the risk of leaving the country with the current administration.
Thanks for connecting. I’m Legal Counsel with over 12 years of experience in the legal field. I specialize in Criminal, Family, Immigration, Corporate, and Civil litigation. Please give me a moment to review your question.
Green card holders (including conditional ones) have the legal right to travel and return to the U.S., as long as:
- She doesn’t stay abroad more than 6 months at a time, and preferably keeps trips under 3 months unless necessary.
- She brings all necessary documentation:
- Valid passport
- Valid green card (Form I-551)
- Marriage certificate (recommended, if applicable)
- Proof of residence/ties to the U.S. (job, lease, utility bills, etc.)
Risks Under the Current Administration:
- Increased scrutiny at the border: More detailed questioning, especially for newer green card holders or those from certain backgrounds.
- Misinterpretation of abandonment: Absence of 6+ months or perceived lack of U.S. ties can raise questions about abandoning permanent residency.
- Policy changes: While no current law blocks green card holders from reentry arbitrarily, future executive orders or stricter border enforcement could make reentry more stressful.
All that said, as a French citizen and green card holder, she’s not at risk unless there are:
- Past immigration violations
- Criminal issues
- Extended absences
- Suspicion of marriage fraud (rare cases)
To Minimize Risk:
- Carry all documentation: green card, marriage documents, lease/mortgage, work letters.
- Avoid long trips: keep under 6 months, ideally under 3.
- Don’t travel if the green card is close to expiring and Form I-751 (to remove conditions) hasn’t been filed.
- If a trip over 6 months is unavoidable, apply for a reentry permit (Form I-131).
Would it be better to postpone the trip for a year until she has her 10-year green card and/or citizenship?
If the trip is not urgent and she’s close to removing conditions or naturalizing, postponing is a cautious choice.
If the trip is important, she can travel with careful preparation and documentation to minimize risk.
Understood. Thank you.
Lawyer, Esquire
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