Ibrahim Gardner
Lawful Permanent Residents (LPRs), also known as green card holders, are foreign nationals who have been granted permanent resident status in the United States. LPRs are permitted to live and work anywhere in the US and can eventually apply for citizenship. However, if an LPR chooses to study abroad, their status may be impacted. International students, on the other hand, are typically defined as non-immigrant visitors who come to the US temporarily to take classes or online courses. This raises the question: if an LPR decides to pursue an education outside the US, are they considered a transfer or international student, and what implications does this have on their LPR status?
| Characteristics | Values |
|---|---|
| Definition | Lawful Permanent Residents (LPRs) are also known as "green card" holders. |
| Who can get it? | Foreign nationals who have received approval to immigrate to the United States. |
| Visa type | Immigrant visas (not temporary nonimmigrant visas). |
| Who can sponsor it? | Departments of universities, U.S. citizens or permanent resident relatives. |
| Abandonment | If you stay outside of the United States for an extended period, generally about a year, your LPR status may be considered abandoned. |
| Re-entry | It is possible to obtain a re-entry permit or returning resident visa to support (but not guarantee) that you have not abandoned your LPR status. |
| International student | International students are defined as "non-immigrant" visitors who come to the United States temporarily to take classes. Therefore, LPR holders are not considered international students. |
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What You'll Learn
LPR status and studying abroad
Lawful Permanent Residents (LPR) or "green card" holders may live and work anywhere in the United States. After a certain amount of time, they may apply to become U.S. citizens if they meet the requirements.
If you are an LPR and want to study abroad, you need to be aware of the risks of losing your LPR status. You can lose your LPR status if you "abandon" it, and the U.S. Citizenship and Immigration Services (USCIS) has identified several ways you can be deemed to have abandoned your LPR status, including moving to another country with the intent to live there permanently. Even if you intend to return to the U.S., residing in a foreign country may delay your opportunity to become a citizen.
To avoid losing your LPR status, you should consult an experienced immigration law attorney who can help you obtain a re-entry permit from USCIS before you leave. A re-entry permit establishes that you did not intend to abandon your LPR status and allows you to apply for admission to the United States after travelling abroad for up to two years without obtaining a returning resident visa. It is also important to note that your absence from the country, including the reason for your travel, the length of your intended absence, and any events that may have extended your absence, will be considered by USCIS in evaluating your intent to remain a lawful permanent resident.
Additionally, you should continue to file U.S. tax returns while abroad, but declaring yourself as a "nonimmigrant" on those returns could constitute abandonment of your LPR status. If you intend to become a U.S. citizen, it is important to know that a trip longer than six months breaks continuous residence in the U.S., which is a requirement for citizenship. Therefore, keeping your time abroad to six months or less is advisable if you want to become a citizen without delay.
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Re-entry permits
Lawful Permanent Residents (LPRs), or "green card" holders, are allowed to live and work anywhere in the United States. They may travel internationally during scheduled breaks, but they must ensure they have the required documents to re-enter the country.
Students and scholars returning to the U.S. from a temporary break should ensure they have the following documents to re-enter the country:
- A valid passport (valid for at least 6 months beyond the date of re-entry to the U.S.)
- A valid F-1/J-1 visa in the passport (except for students from Canada)
- I-20/DS-2019 with a valid travel signature from the Office of International Services (OIS)
- Financial support documents (proof of funding)
- USC acceptance letter (F-1/J-1 students) or invitation letter (J-1 scholars)
If travel is unavoidable, students must travel with their I-797 Notice of Receipt and all other required documents. They are encouraged to consult with an OIS advisor before travelling internationally with a pending OPT/STEM OPT Extension application.
Additionally, LPRs must be aware of the risk of their green card being considered abandoned if they leave the country frequently or spend more time outside the U.S. than inside. A consecutive absence of 6 months or more (without a clear and valid reason) could result in the cancellation of their green card. To mitigate this risk, LPRs can obtain a re-entry permit before leaving the country. This permit ensures that their LPR status is maintained and that they can return to the U.S. without issue.
The Form I-131 can be used to apply for a re-entry permit, and it is recommended to consult with an immigration attorney or advisor to ensure all requirements are met. Obtaining a re-entry permit is a crucial step for LPRs who wish to study abroad temporarily and maintain their permanent residency status in the U.S.
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LPR status and US citizenship
A Lawful Permanent Resident (LPR) is a foreign national who has been given permanent resident status in the United States, also known as a "green card holder". LPR status allows individuals and their dependents to live and work anywhere in the country. After a certain period, LPRs may apply to become U.S. citizens through a process called naturalization.
To be eligible for U.S. citizenship, an LPR must have held their status for at least five years, or three years if they are married to a U.S. citizen. During this time, they must be physically present in the United States and not abandon their LPR status. Abandonment of LPR status can occur if an individual spends more time outside the U.S. than inside or is absent from the country for a consecutive period of six months or more. In such cases, a re-entry permit may be required to maintain LPR status.
The process of becoming a U.S. citizen involves filing a naturalization application with U.S. Citizenship and Immigration Services (USCIS). The applicant must meet certain eligibility requirements, including demonstrating that they have been lawfully admitted for permanent residence. USCIS may deny naturalization applications if the applicant fails to meet the requirements or provide sufficient evidence of their LPR status.
It is important to note that the process of becoming a U.S. citizen can be complex, and each case is unique. Seeking legal advice or consulting official government sources is recommended to ensure a thorough understanding of the requirements and procedures.
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LPR status and employment
Lawful Permanent Residents (LPRs) or "green card" holders are foreign nationals who are authorized to live and work permanently in the United States. LPRs may accept employment without special restrictions, own property, receive financial aid at public colleges, and join the Armed Forces.
To prove their LPR status, employees may present a List A document, such as Form I-551, Permanent Resident Card (commonly known as a Green Card), or a List B and C document combination, such as a state-issued driver's license and unrestricted Social Security card. Employers are not required to reverify the employment eligibility of an LPR who has presented these documents.
If an LPR presents one of the temporary Forms I-551, employers must reverify their employment authorization using Supplement B, Reverification and Rehire. This involves the employee presenting their Form I-551 no later than when the stamp expires or within one year after U.S. Customs and Border Protection issues Form I-94.
Additionally, LPRs can sponsor foreign nationals for permanent residency status. Universities, for example, can sponsor international employees for LPR status, allowing them to permanently reside and work in the United States.
It is important to note that LPRs who wish to study abroad temporarily must obtain a re-entry permit to avoid abandoning their LPR status. While brief departures from the United States are generally allowed, frequent or prolonged absences may result in the cancellation of LPR status.
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International students and visas
International students seeking to study in the United States must obtain a student visa. The type of visa required depends on the course of study and the type of school the student plans to attend. The two main types of student visas are F visas and M visas. Students must apply to a Student and Exchange Visitor Program (SEVP)-approved school and, if accepted, they will be registered for the Student and Exchange Visitor Information System (SEVIS) and must pay the SEVIS I-901 fee. The student will then receive a Form I-20, which must be presented during their visa interview at a U.S. Embassy or Consulate.
International students on non-immigrant visas can be sponsored by universities for Legal Permanent Resident (LPR) status, also known as a green card. This allows them to permanently reside and work in the United States.
Obtaining and maintaining a student visa in the United States can be a complex and daunting process, with stringent requirements and the possibility of sudden changes in policy. For example, the Trump administration's crackdown on visas for international students has caused concern and uncertainty among students, leading some to meticulously curate their online presence to avoid any potential red flags.
Additionally, leaving the country during studies can impact visa status. LPR holders, or green card holders, can leave the country for short periods but frequent or extended absences can put their status at risk. Obtaining a re-entry permit before leaving can help mitigate this risk. Overall, navigating the student visa process in the United States requires careful planning and adherence to regulations to ensure a student's educational and career goals are not disrupted.
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Frequently asked questions
LPR stands for Lawful Permanent Resident.
An LPR is a foreign national who has received approval to immigrate to the United States. They are given immigrant visas and can live and work anywhere in the country.
International students are non-immigrant visitors who come to the United States temporarily to take classes. They usually have an F-1 student visa.
No, an LPR cannot be considered an international student as they are an immigrant with a different type of visa.
