LPR Travel Rules: 180 days, 1 yr, 2 yr: When "seeking admission"

Quick Answer Box

Up to 180 days (≈ 6 months): generally safe, minimal scrutiny
Over 180 days but less than 1 year: presumptive risk of being treated as seeking admission
1 year or more (without reentry permit): high risk of status abandonment; may need SB-1 visa
With valid reentry permit (Form I-131): you can remain abroad up to 2 years without triggering abandonment
Always carry: proof of domicile, U.S. tax returns, job/lease, bank statements, family ties, and reentry permit

This comprehensive guide, by Richard T. Herman, Esq., founder of the Herman Legal Group – The Law Firm for Immigrants, explains when a lawful permanent resident (LPR or green card holder) may be treated by U.S. Customs and Border Protection (CBP) as “seeking admission.”

It’s written for everyday travelers and immigration professionals who need clarity on the 180-day, 1-year, and 2-year rules, with embedded official resources for reference.

The Legal Anchor: INA § 101(a)(13)(C) Explained in Plain English

Under INA § 101(a)(13)(C) of the Immigration and Nationality Act, a lawful permanent resident who was properly admitted and has not lost status is not treated as seeking admission to the U.S. unless one of six exceptions applies, such as:

Abandoning or relinquishing LPR status
Being absent from the U.S. for more than 180 days
Engaging in criminal activity that makes the person inadmissible
Leaving while under removal order or proceedings
Committing immigration fraud or misrepresentation
Falling under security or health-related inadmissibility grounds

The U.S. Citizenship and Immigration Services (USCIS) elaborates on LPR travel rules on its official USCIS Green Card Travel page.

Key takeaway: a lawful permanent resident normally reenters freely, but crossing the 180-day threshold exposes you to inspection as a new “applicant for admission.” The Catholic Legal Immigration Network (CLINIC) notes that even short absences can cause issues if you appear to have moved abroad.

Understanding the Thresholds: <180 Days, >180 Days, 1 Year, 2 Years

Up to 180 Days — Generally Safe

Trips under six months are usually uneventful. CBP officers typically accept these absences as temporary visits abroad, assuming you kept ties to the U.S.

See official guidance at the CBP Returning Residents page.

Over 180 Days but Less Than 1 Year — “Seeking Admission” Zone

Under the statute, if you remain abroad more than 180 days, you may be treated as “seeking admission” under INA § 101(a)(13)(C)(ii).

CBP may:

Conduct secondary inspection
Ask about your intent to return
Review your U.S. tax, housing, or job evidence

See CLINIC’s resource, “Absences That Are Too Long and How to Cure Them”, for nonprofit legal guidance on rebutting abandonment claims.

One Year or More (Without Reentry Permit)

If you’ve been outside the U.S. for one year or longer without a valid reentry permit, your green card alone no longer guarantees entry.
You may be considered to have abandoned your residence, and you’ll likely need a Returning Resident (SB-1) Visa from a U.S. consulate.

The U.S. Department of State provides detailed SB-1 instructions on its Returning Resident Visa page.

Up to Two Years with a Reentry Permit

A valid reentry permit, issued through USCIS Form I-131, allows you to stay abroad up to two years while preserving your status.
Learn more directly from USCIS at its Reentry Permit FAQ.

Important notes:

Apply while physically in the U.S.
Valid for 2 years from issuance (not application date)
No extensions beyond 2 years
Those with frequent long absences may receive only a 1-year permit

Refer to the USCIS Travel Documents overview for current requirements.

Evidence to Carry When Re-Entering the U.S.

To prove you’ve maintained your U.S. domicile, carry original or digital copies of:

Recent tax returns (filed as a U.S. resident)
Proof of residence (lease, mortgage, or property tax bill)
Employment verification (pay stubs, employer letter)
U.S. bank statements and utility bills
Family evidence (spouse, children, school enrollment)
Reentry permit (if applicable)
Return ticket and purpose of travel

At the port of entry, always express your intent to permanently reside in the U.S..
If questioned, calmly explain:

“I have a home and job in the U.S., file taxes, maintain accounts, and my travel was temporary for family/business reasons.”

CBP provides traveler tips on CBP Help Center Article #1687.

How to Apply for a Reentry Permit (Form I-131)

Step-by-Step:

File Form I-131, Application for Travel Document with USCIS while in the U.S.
Attend your biometrics appointment.
Request to have the permit mailed to a U.S. embassy or consulate abroad if you’ll depart early.
Once issued, the permit is valid for up to two years.
Present the permit and your green card upon reentry.

Refer to USCIS’s official “How Do I Get a Reentry Permit?” guide (PDF).

Red Flags That Trigger Extra Scrutiny

You may face difficulty at CBP or later immigration stages if:

You have criminal convictions or pending charges
You failed to file U.S. taxes or filed as a “nonresident”
You moved your primary residence abroad (sold U.S. home, moved family)
You had multiple extended absences or inconsistent travel patterns
You left while your I-131 was pending without attending biometrics
Your green card expired while abroad

Seek experienced counsel early—preferably from an immigration attorney familiar with CBP inspection protocols.

The American Immigration Lawyers Association (AILA) and nonprofits like CLINIC provide community guidance and attorney directories.

Frequently Asked Questions

Q: What if my trip lasted 190 days?

CBP can presume you are seeking admission, but if you show strong U.S. ties, you should still be readmitted as a returning resident.

Q: My flight was canceled and I returned after one year—am I in trouble?

Possibly. You’ll need documentation proving the delay was beyond your control. You may need to apply for a Returning Resident Visa (SB-1).

Q: What if my green card expired while I was abroad?

File Form I-131A to get a boarding foil before traveling back to the U.S.

Q: Can a reentry permit serve as a passport?

In some countries, yes. Check entry rules in advance. Details at the USCIS Reentry Permit FAQ.

Q: What if I left before my I-131 was approved?

You can have it delivered to an embassy abroad, but you must have attended biometrics first.

Key Government and Nonprofit Resources

U.S. Government Sources

Nonprofit & Legal Support

Herman Legal Group Resources

Key Takeaways

Under INA § 101(a)(13)(C), a green card holder is generally not “seeking admission” unless certain conditions (like absences over 180 days) apply.
Trips under 180 days are typically safe; over 180 days invite extra scrutiny.
Absence over 1 year without a reentry permit risks abandonment of residency.
A USCIS reentry permit allows up to 2 years abroad and shows intent to keep U.S. residence.
Carry strong documentation: taxes, housing, job, and family ties.
Consult an experienced attorney like Herman Legal Group before extended travel.

Author Bio / Profile

Expert on Immigration Law, Attorney Richard Herman — Immigration Attorney Richard Herman

Richard T. Herman, Esq. is a nationally recognized immigration attorney with over 30 years of experience representing families, businesses, and immigrants worldwide. He is the co-author of Immigrant, Inc. and the founder of the Herman Legal Group – The Law Firm for Immigrants.
To learn more or schedule a confidential consultation, visit his bio page or book a consultation here.