Residency rule, United States
US Green Card — Time Away
Summary
A green card holder who stays outside the United States for more than 180 days in a row is treated at the border as a person applying for admission again, and the absence is presumed to break the continuous residence needed for US citizenship. Crossing 180 days does not by itself take the green card away. Losing it depends on whether you still intend to live permanently in the United States. After one year abroad the card alone no longer lets you come back. Border officers, immigration judges and US Citizenship and Immigration Services (USCIS) decide.
- Limit
- 180 days outside the United States in one continuous absence
- Period
- Each trip abroad is measured by itself
- What is counted
- Days in a row spent outside the United States and its territories
- Second line
- 1 year abroad: the green card alone is no longer valid for return
- Law
- Immigration and Nationality Act section 101(a)(13)(C), 8 CFR 316.5(c)
- Run by
- Customs and Border Protection (CBP) and USCIS
Who it applies to
- Green card holders who spend long periods abroad to care for parents or other family.
- Permanent residents who take a job, a posting or a study place outside the United States for some months.
- Retired green card holders who divide the year between the United States and their country of birth.
- Permanent residents who plan to apply for US citizenship and must keep their residence unbroken.
- New immigrants who return abroad after landing to close their affairs before the final move.
The rule
A green card makes you a lawful permanent resident. Section 101(a)(13)(C) of the Immigration and Nationality Act says that a returning permanent resident is normally not treated as seeking admission to the United States. The law lists six cases in which that protection falls away. One of them is that you have been absent for a continuous period in excess of 180 days. After such an absence the officer at the border may treat you as an applicant for admission, which means the grounds for refusing entry that apply to new arrivals can be applied to you.
The same length matters for citizenship. To naturalise you need continuous residence in the United States, normally for 5 years. Under 8 CFR 316.5(c), an absence of more than 6 months but less than 1 year is presumed to break that residence. USCIS reads this as more than 180 days and fewer than 365 days. You can overcome the presumption with proof that you did not give up your US job, that your close family stayed in the United States and that you kept full access to your US home. An absence of 1 year or more breaks continuous residence in every case.
Whether you keep the green card is a separate question. You lose permanent resident status by abandonment, which means you no longer intend to live permanently in the United States. USCIS states that a long absence alone is not conclusive proof of abandonment, and that abandonment can also be found after trips shorter than a year. Officers look at whether the trip was meant to be temporary, your family and work ties in the United States, whether you filed US tax returns as a resident, and whether you kept a US address, bank accounts and driving licence.
One year is the second line. Under 8 CFR 211.1(a)(2) the green card is a valid document for return only after an absence of less than 1 year. If you expect to be away longer, you can apply for a re-entry permit on Form I-131 before you leave. It is valid for up to 2 years. Without it, after a year abroad you normally need a returning resident visa, called SB-1, from a US embassy or consulate.
Why it exists
Permanent residence is given to people who make their home in the United States. The law does not want a green card to become a long-term visitor pass for a person who lives elsewhere. A fixed mark at 180 days gives border officers a clear point at which to look more closely, and gives USCIS a clear point at which to ask whether the residence needed for citizenship was really kept. The final decision still rests on intent and ties, because many long absences have good reasons.
Counting the days
You count the days of one unbroken stay outside the United States, from leaving to coming back. Every return starts a new count, and earlier trips are not added.
- Note the date you left the United States and the date you returned or plan to return.
- Count the days between the two dates. For naturalisation USCIS does not count the two travel dates as days abroad.
- If the result is 180 or lower, this trip does not cross the mark.
- If it is above 180 and below 365, expect questions at the border and prepare proof of your US ties for a later citizenship application.
- If it will reach 1 year, apply for a re-entry permit on Form I-131 before you leave.
- Repeat the count for each trip. Then look at the pattern of all trips together, because officers do that too.
Track US Green Card — Time Away on your phone.
Countr finds your past trips in your photos and keeps counting from there.
Examples
Five months with family, under the mark
Mei has had a green card since 2022. She leaves Seattle on 10 January 2026 and returns on 5 July 2026. Without the two travel dates she is abroad from 11 January to 4 July: 21 days in January, 28 in February, 31 in March, 30 in April, 31 in May, 30 in June and 4 in July. That is 175 days. She is under 180 days, so she is not treated as seeking admission for that reason, and no presumption arises for citizenship.
Seven months away
Dmitri leaves on 10 January 2026 and returns on 12 August 2026. From 11 January to 11 August he is abroad for 213 days. That is more than 180, so the border officer may treat him as an applicant for admission. He keeps his green card if he can show that the trip was temporary and that his home is still in the United States. If he applies for citizenship in the next 5 years, he must show that he kept his US job or business, his family and his home during those months.
Two long trips with a short visit between them
Rosa spends 170 days abroad, comes back for 14 days, and leaves for another 170 days. Neither trip crosses 180 days, and the count starts again after her return. But she spent 340 days of the year abroad. An officer can still ask whether she really lives in the United States, and USCIS says that several shorter absences together may break continuous residence. A short visit does not repair a pattern of living abroad.
Exceptions
- A re-entry permit lets you ask to be admitted after up to 2 years abroad without a returning resident visa. It does not guarantee entry and does not protect continuous residence for citizenship.
- People who work abroad for the US government, some American companies and research bodies, or some religious and international organisations can file Form N-470 to keep their continuous residence for naturalisation during an absence of 1 year or more.
- Spouses and children of members of the US armed forces or of civilian US government employees posted abroad on official orders do not need the returning resident visa process.
- If you claim to be a nonresident for US income tax while you hold a green card, immigration law presumes that you have abandoned your permanent residence.
- The 180-day mark is only one of six cases in section 101(a)(13)(C). A permanent resident can also be treated as seeking admission after any trip for other reasons, for example certain criminal offences.
Common misconceptions
- “If I am abroad more than six months, I lose my green card automatically.”
- No. After more than 180 days you are looked at more closely at the border, and your citizenship timeline is at risk. The card itself is lost only if you are found to have given up living permanently in the United States, or after a formal process.
- “A short visit to the United States every six months keeps my green card safe.”
- No. Each visit restarts the 180-day count, but officers look at your whole pattern. A person who lives abroad and only visits can be found to have abandoned residence, even if no single trip was long.
- “A re-entry permit also protects my citizenship application.”
- It does not. The permit helps you return after a long absence. An absence of more than 180 days is still presumed to break continuous residence, and an absence of 1 year or more breaks it.
- “The green card is valid for ten years, so I can stay abroad as long as the card is valid.”
- The date on the card is not the test. After an absence of 1 year or more the card alone is not a valid document for return, whatever its expiry date.
Questions and answers
How long can a green card holder stay outside the United States?
There is no fixed number that is always safe. Up to 180 days in one trip avoids the admission rule and the citizenship presumption. Between 180 days and 1 year you can usually return with the card but should carry proof of your ties. From 1 year you need a re-entry permit or a returning resident visa.
Does a trip to Puerto Rico or Guam count as time away?
No. These territories are part of the United States for immigration law. Time there is time in the United States.
What happens at the border after more than 180 days abroad?
The officer may treat you as a person applying for admission and ask about your trip and your ties. If the officer believes you abandoned your residence, the case can go to an immigration judge. You keep your status unless a judge orders otherwise and the order is final.
Do several trips add up to 180 days?
Not for this rule. The 180 days are one continuous absence. Total days abroad matter for a different rule, the physical presence count in the tracker US Citizenship — Time in the US.
What proof of ties should I carry after a long trip?
USCIS names these signs of a temporary trip: family and community ties in the United States, a US job, US income tax returns filed as a resident, a US mailing address, US bank accounts, a valid US driving licence, and property or a business in the United States. Carry papers that show them.
Can I apply for a re-entry permit from abroad?
No. You must be physically in the United States when you file Form I-131 for a re-entry permit, so plan it before you leave.
Sources
- USCIS, International travel as a permanent resident
- Immigration and Nationality Act section 101(a)(13)(C), 8 U.S.C. 1101
- USCIS Policy Manual, Volume 12, Part D, Chapter 3, Continuous Residence
- USCIS Policy Manual, Volume 12, Part D, Chapter 2, Lawful Permanent Resident Admission for Naturalization
Other rules for United States
- Arizona Tax Residence 273 days in each calendar year
- California Tax — Visitors 181 days in each calendar year
- California Tax Residence 273 days in each calendar year
- Connecticut Tax — 30 Days or Fewer 30 days in each calendar year
- Connecticut Tax Residence 183 days in each calendar year
- Delaware Tax Residence 183 days in each calendar year
- Hawaii Tax Residence 200 days in each calendar year
- Idaho Tax Residence 270 days in each calendar year
This page explains the rule and how the days are counted. It is not legal or tax advice. The authority decides each case on its own facts.