General Immigration Information

Whether you plan to come to the United States for a short visit or a permanent stay, your first step is to apply for a visa.

Many people think they can show up at a U.S. embassy or border post, describe why they’d make a good addition to U.S. society, and be welcomed in. Unfortunately, this is not how the U.S. immigration system works. Instead, people who want to come to the U.S., whether temporarily or permanently, must determine whether they fit into eligibility categories for either "permanent residence" (a green card) or for a temporary stay ("nonimmigrant visa").Then they must submit an application -- in fact, often a series of applications -- to one or more of the U.S. agencies responsible for carrying out the immigration laws. These include U.S. Citizenship and Immigration Services (USCIS), which has offices across the United States, and the U.S. Department of State (DOS), which manages consulates and embassies around the world.

What is a Permanent Residence? (Green Card)

If you want to be able to make your permanent home in the United States, you'll need what is called "permanent residence," or a "green card." Green card holders can live and work in the U.S. and travel in and out, with very few restrictions (though they can't vote, and can be deported if they abuse their status).Family members of U.S. citizens make up the largest number of green cards issued each year. Others are issued to investors and workers who have been petitioned by U.S. employers or have special skills. Still other categories have a humanitarian basis, such as refugee or political asylum status (which can lead to a green card), for people who are fleeing persecution.

What is a Temporary (Nonimmigrant) Visa

People who want to come to the United States for a limited time need what is called a "nonimmigrant” visa. This lets them participate in specified activities (such as studying, visiting, or working) until their visa runs out. Students and businesspeople make up the largest groups of nonimmigrant visa holders. Nonimmigrant visas are also issued for tourists, exchange visitors, and workers with some kind of specialty that is lacking in the U.S. workforce. For more information, see

Exception: Visa Waiver Program

A visa is not necessary for short-term visitors from one of the Visa Waiver Program countries listed at http://travel.state.gov. You can come to the U.S. for up to 90 days for business or pleasure purposes if you're from one of these countries. You will, however, need to present a machine-readable passport. Also, beware: The ease of your entry is balanced by the ease with which you can be kicked out -- you automatically give up many rights and benefits when traveling without a visa.To enter on a visa waiver, simply present yourself, your passport, and your ticket home to the officers you'll meet upon arrival. If you come by land through Canada or Mexico, you'll also be asked for proof of sufficient funds to pay for your stay.

Applying for Immigration Rights

After figuring out what type of visa or green card you’re eligible for, you'll need to figure out how to get it. Most people (with the occasional exception of Mexicans and Canadians) must obtain a visa at a U.S. consulate before departing for the United States. If you’re already in the United States legally, you may be able to apply to “adjust" your status to permanent resident, or "change” your status to another type of visa.

Where to Find the U.S. Immigration Laws

Your possibilities for a visa or green card are set out under U.S. federal law. Being "federal," the law is the same across the United States, unlike state laws, which can vary by state. If you want to read the U.S. immigration laws -- which very few people actually want to do -- they’re found in Title 8 of the U.S. Code, or in the Immigration and Nationality Act (I.N.A.) In addition, information on how USCIS intends to carry out these laws is found at Title 8 of the Code of Federal Regulations (C.F.R.). The DOS regulations are at Title 22 of the C.F.R. The CFR can be searched at the Government Printing Office website.The trouble is that even lawyers have trouble researching the U.S. immigration laws -- they're considered to be the most convoluted and easily misunderstood portions of all U.S. law. But if you have a specific reference to a section that you'd like to read for yourself, by all means, look it up, then seek professional help if you need it.Your best bet for getting any professional help with your immigration situation is to hire an experienced immigration lawyer. Ask friends or local nonprofits for referrals or go to the website of the American Immigration Lawyers Association (AILA).Whatever you do, don't go straight to USCIS for advice. The people who staff their front desk are not all well trained, and if they give you wrong information, they take no responsibility, even if it causes your deportation or destroys your chances of immigrating. This happens!Many of these immigration laws are interpreted in U.S. Immigration Made Easy, by Attorney Ilona Bray (Nolo), including how to obtain many different visas, including the K-1 visa for fiancés, the B-1 and B-2 business and tourist visas, the H-1B, H-2B, and H-3 visas for temporary specialty or agricultural workers, the L-1 visa for intracompany transferees, the E-1 and E-2 visas for treaty traders and investors, the F-1 and M-1 visas for students, the J-1 visa for exchange visitors, or the O, P, or R visas for temporary workers, and how to get a green card through a family member, through the Diversity Visa Lottery, or as an asylee or refugee.

The Risks of Lying to the U.S. Government

One of the worst things you can do to your chances of getting a visa or green card is to lie, either on paper or during an interview with a U.S. border or other immigration inspector. Lies can have both immediate consequences, such as not being able to enter the U.S., and long-term consequences, such as not being able to get a green card -- ever.Example One:Francois, a French citizen, applies at the U.S. embassy in Paris for a tourist visa. He fears he will not be allowed to enter the U.S. as a tourist if he reveals that he has a girlfriend in New York. He states in his application that he will be visiting various friends. When he arrives at JFK Airport in New York, an immigration inspector finds a letter in his luggage from his girlfriend, in which she says she is looking forward to his long visit. Francois is put on the next flight home, and not allowed to return for five years.Example Two:Assume that Francois's immigration inspector does not find the letter from his girlfriend and allows him to enter the country. After he arrives, Francois and his girlfriend decide to marry. He files an application for permanent residence with USCIS. It forwards his application to the U.S. consulate in Paris for review. This reveals that he lied about his plans. To obtain permanent residence, Francois will have to argue that USCIS should overlook his previous lie and allow him to stay. If he loses, he can be denied permanent residence and forced to leave the country.

Who Can Be Kept Out

No matter what eligibility category you fall into -- whether you’ve married a U.S. citizen, received a job offer, or been accepted to a school -- the U.S. has the right to say no. And not just because there’s something wrong with your application. The immigration law contains a list of things, like crimes and certain diseases, that makes someone "inadmissible.” For more information, see When the U.S. Can Keep You Out.

Last Updated: October 19, 2021.

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A green card comes with several distinct benefits and rights as you settle into the United States as your long-term home. After all, your permanent legal resident status allows you to live and work in the US, not to mention enjoy full protection under the laws of the nation.

But while these benefits are clear, something that remains unclear to many is whether or not you can travel with a green card and if so, what kinds of green card rules and limitations apply to travel. And if you’ve been wondering the same thing, you’ve landed on the right article.

At SimpleCitizen, our mission is to simplify every aspect of the green card process, including how to use your green card once you have it. In this article, we’ll discuss traveling outside the US with a green card, the documentation you will need, and how traveling abroad will affect your chances at naturalization. Let’s get started!

Can I Travel With a Green Card?

Of course you can! However, traveling with a green card requires certain documents and steps you must take to ensure you can return once your travels are complete.

There are two primary documents you will need to travel abroad:

1. Your Green Card and;

2. A passport from your country of citizenship or your refugee travel document permitting travel to the foreign country. Sometimes, countries require visas and as such, you must have this in hand as well for entry/exit purposes.

When you’re ready to return to the United States, you only need to present your valid green card, Form I-551, at the port of entry. Sometimes, officials will request to see your passport or other identifying documentation to grant you reentry into the country.

3. With COVID-19 still in full swing certain countries may have travel restrictions and COVID-19 vaccination requirements or require a negative COVID-19 test result. Be sure that you check the travel rules as you plan your trips to ensure you don't run into any issues getting in or out of the country.

What Steps Do I Need to Take Before Traveling?

If you’re planning on traveling abroad for less than one year, there are no additional steps you must take in preparation for your trip. In fact, all you need are the documents mentioned above to ensure you can leave and return to the US.

If you’re planning on traveling for more than one year, there are additional steps you must take before leaving the country. This is because you must demonstrate that you aren’t abandoning your permanent resident status and are planning to return to reside in the United States once again.

For Trips More Than One Year in Length

Should your trip be more than one year, it’s beneficial to file Form I-131, Application for Travel Document, prior to leaving. This Form allows a permanent resident to apply for a Reentry Permit for admission to the United States after returning from abroad. Doing so eliminates the need for a returning resident visa from a U.S. embassy or consulate and clarifies your intention to return to America after your travels.

Obtaining a Reentry Permit costs $360 plus a biometrics service fee of $85 if you are between the ages of 14 and 79, making the total fee $445. Please note that the Reentry Permit doesn’t guarantee your admittance to the country. While it will help, officials will also consider factors such as:

• Have you maintained family and community ties in the U.S. while abroad?
• Have you filed your U.S. income taxes as a resident?
• Have you maintained a U.S. mailing address?
• Do you have a valid driver’s license in the U.S.?
• Do you own property or run your own business in the U.S.?
• Have you applied for U.S. Citizenship?

Questions like these directly affect your chances of being allowed back into the country after a year abroad. Immigration officials are simply looking to see whether or not you still have the intention of living in the United States permanently.

For Trips More Than Two Years in Length

If you’re planning on remaining outside of the United States for more than two years, a Reentry Permit granted before your departure will no longer be valid when you return (these Permits are only valid for two years). As such, you should apply for a Returning Resident Visa, SB-1, at a U.S. Embassy or Consulate.

You should apply for this Visa at least three months in advance of your travel (or as soon as possible) to ensure it can be processed in time. To apply for the Visa, you will need:

• A completed Form DS-117, Application to Determine Returning Resident Status;
• Form I-551, Your Permanent Resident Card (green card);
• Your Reentry Permit (if you have obtained one);
• Dates of travel outside the US (airline tickets, passport stamps, etc.);
• Proof of ties to the United States (like those indicated in the section above); and
• Proof that your stay outside of the United States is for reasons beyond your control (medical reasons, employment with a U.S. company, etc.).

Obtaining this Visa will ensure that you can return to the United States after an extended stay abroad. While it is optional, you should consider it a necessity if you’re going to travel for more than two years.

Please note that there are exceptions for Visas and other documentation needs if you’re moving abroad with a spouse for a government job or military involvement.

Does Traveling Affect the Naturalization Process?

If you’re going to be outside of the United States for more than six months, you may affect requirements necessary for naturalization. In fact, there are green card rules for travel abroad. For example, you may not be allowed to travel abroad if you haven’t been physically present in the country for at least 30 months out of the previous five years. This is an example of continuous residency requirements.

Should you not meet requirements like this, you may still be eligible for naturalization. You will need to take additional steps to prove that abandonment wasn’t an abandonment of your resident status to ensure you can remain on the path to citizenship.

If your trip must be more than six months, you may choose to file Form N-470, Application to Preserve Residence for Naturalization Purposes. This is only available to legal permanent residents looking to leave the United States for employment purposes. The Form costs $330 to file. If you’re unable to pay this fee, you may submit Form I-912 with your application for a fee waiver request.

Simplify Your Travel Abroad With SimpleCitizen

The team at SimpleCitizen believes that your experience living in the United States shouldn’t be complicated. Likewise, you should be able to travel abroad while retaining your legal permanent status. For that reason, we hope you find this article helpful with the information you need to travel with peace of mind.

Want to Learn More About Traveling Abroad?

If you’re looking to learn more about international travel with a green card, check out the links below!

USCIS: International Travel as a Permanent Resident

USCIS: Maintaining Permanent Residency

Form I-131, Application for Travel Document

Form N-470, Application to Preserve Residence for Naturalization Purposes

Last Updated: October 19, 2021.

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J-1 Exchange Visitor Visa

The Exchange Visitor (J) non-immigrant visa category is for individuals approved to participate in work-and study-based exchange visitor programs. Participants are integral to the success of the program. Here you can learn more about obtaining the J-1 Visa and other relevant visas.

Yes, a J-1 visa holder can be eligible for a green card.

To obtain a green card, the immigrant must first file a petition I-140 with the USCIS. After this, it is essential to apply for an Adjustment of Status (AOS) or for an immigrant visa. If the immigrant resides in the U.S., they should use an AOS application. If the immigrant lives in a foreign country, they need to apply for an immigrant visa.In-order to apply for immigrant status, you can consider any one of the following options:

• Family based immigration: A petition can be filed by your relatives who are U.S citizens or permanent residents of the U.S.
• Employment based immigration: In this case, you must find an employer who will file a labor certificate at the DOL for you.
• EB-1: Based on the classification of EB-1A “immigrant of extraordinary ability” or EB-1B “outstanding professor or researcher,” you can file an immigrant petition.
• National interest waiver: There are certain waivers available to individuals who can prove themselves as “immigrants of extraordinary ability.” Waivers are also available to individuals seeking opportunities to work in the U.S. These waivers are called national interest waivers. Filing an immigration petition through the national interest waiver can help you obtain immigrant status.

Petitions for green cards can be filed at any time, even if the individual is subject to the requirement to reside outside of the U.S. for a period of two years. The individual must satisfy the two-year foreign residency requirement after the petition has been approved. A waiver can be obtained for the foreign residency requirement, in which case the individual need not move to the home country.[eligibility-quiz-green-card]

There is a difference between U.S. Citizens and lawful permanent residents (meaning residents with green cards) when it comes to who you may file Form I-130 for. If you are a United States citizen you may file Form I-130 for numerous relatives, including

•  Your spouse
•  Your unmarried child under age 21
•  Your unmarried son or daughter age 21 or older
•  Your married son or daughter of any age
•  Your brother(s) or sister(s) if you are 21 or older; and
•  Your mother or father if you are 21 or older.

However, if you’re a lawful permanent resident you may only file the Form for:

•  Your spouse
•  Your unmarried child under age 21; and
•  Your unmarried son or daughter age 21 or older.

If you want to file for more than one relative, you must complete a separate Form I-130 for each individual. There is no limit to the number of forms you can submit as long as each relative fits into the categories listed under “citizen” or “lawful permanent resident” above.