Green Card Holders and Visitor Visas: A Detailed Guide

It is often misunderstood that a person with a green card can travel to the U.S. on a visitor visa. This article aims to clarify the situation, providing a detailed explanation of the legal and practical considerations involved.

Understanding the Rules

A factual statement about travel: it is impossible for a green card holder to travel to the U.S. on a visitor visa in the general case.

The U.S. immigration system operates on the principle of distinguishing between permanent residents (green card holders) and non-immigrants (those on a temporary visa). A green card holder is considered an obligate resident, required to maintain a principal residence in the United States. On the other hand, a visitor visa is issued to non-immigrants whose primary residence is outside the U.S.

Prima Facie Evidence and Abandonment

The issuance of a visitor visa by the State Department could be considered prima facie evidence that a green card holder has abandoned their principal residence in the U.S. This is significant because an abandonment of residence could lead to the green card holder being required to apply for a SB1 Returning Resident visa upon their return to the U.S. This process is designed to reestablish the individual's status as a legal permanent resident.

More specifically, if a green card holder stays outside the U.S. for a year or longer, or two years or longer with a Re-entry Permit, they are presumed to have abandoned their residence. In such a case, they must apply for an SB1 Returning Resident visa to re-establish their permanent resident status.

Emergency Situations

There is an edge case where an exception applies. In the event of a life-and-death situation in the U.S., a consular officer may approve a properly annotated visitor visa to address the emergency. However, this must be substantiated and backed by evidence, as it involves a delicate balance between emergency response and the maintenance of immigration law.

Practical Considerations

It is essential for a green card holder to maintain their principal residence in the U.S. to comply with immigration laws. If a green card holder applies for a visitor visa after obtaining a green card, they generally do not need to do so. They should have their foreign passport with the visitor visa and their green card ready when returning to the U.S.

At the port of entry, an immigration officer may question the traveler, particularly if both a visitor visa and a green card are present. However, as long as the traveler has a valid green card, they are generally welcome back to the U.S.

Conclusion

A green card holder should not have a visitor visa but should maintain permanent residence in the United States. It is important to understand the nuances of U.S. immigration law to avoid any complications in travel or legal status.

Any concerns or questions about travel to or from the U.S. as a green card holder should be discussed with an experienced immigration attorney to ensure compliance with U.S. immigration regulations.