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In my law practice, I have many clients who ask how they can keep their green card and return to Japan for an extended period of time. Having a green card means that you want to live in the United States on a permanent basis. Evidence of your permanent residence here generally means that you live and work in the U.S. It can also mean that you have family ties to the US, maintain bank accounts in the U.S., own property or have other assets in the U.S., file US tax returns, etc.

You do not need to live in the United States 12 months a year to keep your green card. You can safely keep your green card if you live in the U.S. for 6 months a year, or even less, as long as you maintain your primary residence in the U.S.

The concern about abandoning the green card comes up when a client says that they want to return to Japan, or live abroad for an extended period of time.  An absence of more than one year requires invalidation of the green card.  Many people try to keep their green cards by returning to the U.S. every six months for a few days or a week. This method might work for a few years, but eventually the immigration inspector at the airport will question your permanent residence in the United States.  A simple question such as “where do you live” could give you away.  Also, if your passport stamps show that you are only in the United States for a couple of days or weeks each year, the officer will realize that you “live” somewhere else.

The government’s determination as to whether you have abandoned your green card is a balancing act. There are several factors the government will look at to determine whether someone has “abandoned” their green card.  These factors include:

Length of time spent in the U.S. each year.
Have you sepnt more than one year outside the U.S.
Where do you work?
Do you have close family ties in the US? spouse, children, other relatives.
What status do they have? Are they U.S. citizens or green card holders?
Do you own property in the United States?
Where do you maintain other assets, such as bank accounts, stocks, bonds, etc.?
Do you U.S. file tax returns as a “non-resident”?

The list can go on and on, and is basically a common sense approach.

However, there are other factors that can work in favor of keeping your green card.  Some of these include:
Obtain a re-entry permit. The re-entry permit is a travel document issued to green card holders by the US government. It means that the person may be out of the country for an extended period, but intends to return on their green card. It can be shown to the US immigration inspector upon entry at the airport. The immigration officers know what it means and it makes your entry easier. The re-entry permit is green and looks like a passport, but it cannot be used in place of your Japanese passport. When you enter the U.S. you show the officer your passport, green card and re-entry permit.  The re-entry permit is issued for 2 years and can be renewed up to 4 times.  An applicant must be physically present in the U.S. at the time of filing, and for the biometrics about one month later.

The re-entry permit does not guarantee that you can keep your green card if you have not been complying with the rules for maintaining your permanent residence in the United States – but it can help. It is still best to return to the U.S. at least once every 6 months.

Work for a U.S. company overseas.  An exception to the requirement of living in the U.S. with the green card is if you are temporarily transferred abroad by a US company to work for a subsidiary or related company overseas.

Become a U.S. citizen.  If you become a US citizen, then you can live abroad for any length of time and not lose your U.S. citizenship. Note: Japan does not allow for dual citizenship. If you become a US citizen, you could lose your Japanese passport.