INA 212

Lawful Permanent Resident Exception to Presidential Proclamation 10998

Green Card Travel Ban Exception

Lawful Permanent Resident Exception to Presidential Proclamation 10998

Presidential Proclamation 10998 expressly states that its entry suspensions do not apply to any lawful permanent resident of the United States. A green card holder therefore does not need a proclamation waiver merely because the person is a national of a fully or partially restricted country.

The LPR exception does not guarantee smooth travel or admission. An expired or missing card, an absence of more than one year, possible abandonment of residence, a criminal record, pending removal proceedings, conditional-residence problems, or another ground of inadmissibility can create serious issues independent of the proclamation.

Current-law notice: Proclamation 10998 took effect January 1, 2026. This page was legally reviewed August 3, 2026. Confirm current USCIS, CBP, State Department, and proclamation guidance before international travel.

Effective dateJanuary 1, 2026
Last legal reviewAugust 3, 2026
Current authorityProclamation 10998 §6(b)(i)
Exception statusExpress categorical exception
The Rule

Are Green Card Holders Exempt From Proclamation 10998?

Express exception

All Lawful Permanent Residents

Section 6(b)(i) states that the suspension and limitation on entry shall not apply to any lawful permanent resident of the United States.

Nationality Does Not Remove the Exception

An LPR remains within the express exception even when the person is a national of a fully restricted country, partially restricted country, or Turkmenistan.

No National-Interest Request Required

A person who proves valid LPR status should rely on the categorical exception rather than request discretionary proclamation relief.

Conditional Residents Included

A conditional permanent resident is an LPR during the conditional period and while status remains properly extended through a pending Form I-751 or Form I-829.

Newly Admitted Immigrants

An immigrant visa endorsed upon admission generally serves as temporary evidence of permanent residence for the period stated on the visa endorsement.

Status Must Still Exist

A person who voluntarily abandoned LPR status, lost status through a final order, or never obtained lawful permanent residence cannot rely on the exception merely by possessing an old card.

The proclamation issue is usually straightforward: establish that the traveler is currently a lawful permanent resident. The more difficult questions often involve documents, abandonment, admissibility, or inspection rather than Proclamation 10998 itself.

What the Exception Does Not Do

LPR Status Does Not Eliminate Every Travel and Admission Problem

Separate issue

Abandonment of Residence

CBP may question whether the person intended to make the United States the permanent home, particularly after a long or repeated absence.

Separate issue

Applicant for Admission Treatment

INA §101(a)(13)(C) identifies circumstances in which a returning LPR is treated as seeking admission and may be charged under the inadmissibility grounds.

Separate issue

Criminal History

Certain offenses, conduct, admissions, warrants, probation issues, or removal grounds may create detention and litigation risk.

Separate issue

Missing or Expired Documents

An LPR may be substantively excepted from the proclamation but unable to board or delayed at inspection without acceptable evidence of status.

Separate issue

Conditional Residence

Failure to timely and properly remove conditions can lead to termination issues not resolved by the proclamation exception.

Separate issue

Naturalization Consequences

Long absences may disrupt continuous residence or physical presence for citizenship even when the traveler is readmitted as an LPR.

The Exception Is Not a Waiver of Inadmissibility

Proclamation 10998 does not apply to LPRs, but INA §212(a), INA §101(a)(13)(C), removal law, abandonment doctrine, and documentation requirements remain independently enforceable.

Travel Documents

What Should a Returning LPR Present?

Primary evidence

Permanent Resident Card

A valid Form I-551 green card is the ordinary travel document for an LPR returning from a temporary trip abroad.

Longer travel

Reentry Permit

A valid reentry permit can serve as a travel document and is commonly used when an LPR expects to remain abroad for more than one year but less than the permit’s validity.

Temporary I-551

ADIT Stamp

USCIS may issue temporary evidence of permanent resident status when the card is expired, lost, unavailable, or delayed and other documentation is insufficient.

I-90 extension

Expired Card With I-90 Receipt

Current USCIS receipt notices for a properly filed Form I-90 extend card validity for 36 months from the expiration date shown on the card.

Conditional status

Expired Card With I-751 or I-829 Receipt

The expired conditional card and receipt notice serve as evidence of continued status for the extension period printed on the notice.

New immigrant

Endorsed Immigrant Visa

After admission, the endorsed immigrant visa generally functions as temporary I-551 evidence for the period stated in its annotation.

Document validity and LPR status are not identical. An expired physical card does not necessarily mean status ended, but an airline or CBP officer still needs acceptable evidence that the person remains an LPR.

Trip Length

How Long Can a Green Card Holder Remain Outside the United States?

Length or circumstanceTypical concernRecommended preparation
Less than 6 monthsUsually the lowest-risk absence, but abandonment can still be alleged when the overall facts show the U.S. residence was relinquished.Carry the green card, passport, proof of temporary purpose, and evidence of continuing U.S. ties when the pattern is unusual.
More than 6 months but less than 1 yearCBP may conduct additional questioning. The absence can also create a rebuttable continuous-residence problem for naturalization.Document the temporary reason, U.S. home, employment, family, taxes, return plans, and events beyond the traveler’s control.
1 year or more without a valid reentry permitThe green card ordinarily is not sufficient as the travel document, and the traveler may face boarding and abandonment problems.Assess SB-1 returning-resident eligibility, carrier documentation if available, or another lawful route before attempting travel.
Within a valid reentry permitThe permit helps document intended return and travel authorization but does not guarantee admission or conclusively prevent abandonment.Carry the permit, green card, passport, U.S.-residence evidence, and explanation for the absence.
Repeated lengthy tripsA series of short returns may still show that the person actually lives abroad and visits the United States intermittently.Review the entire pattern, purpose, residence, work, taxes, family, property, and duration before the next trip.
Beyond reentry-permit validityThe permit no longer authorizes travel and the absence may strongly support abandonment concerns.Evaluate an SB-1 visa, new immigrant process, or another strategy based on the facts and current agency guidance.

There is no universal “six-month rule” that automatically preserves or destroys a green card. Six months, one year, and two years matter for different statutory, documentary, naturalization, and evidentiary reasons. Abandonment ultimately depends on the person’s intent and objective conduct.

Abandonment

How CBP Evaluates Whether LPR Status Was Relinquished

Purpose of Departure

A temporary assignment, study, medical treatment, family emergency, or fixed project is generally easier to explain than an open-ended move abroad.

Expected End of the Trip

Evidence that the visit abroad would end upon a reasonably foreseeable event can support the claim that the absence was temporary.

U.S. Home

Ownership or lease, household expenses, utilities, insurance, personal property, and actual use of a U.S. residence can be important.

Employment and Business

Continuing U.S. employment, approved leave, U.S. business activity, payroll, or a temporary foreign assignment may support residence.

Family and Community

Location of spouse and children, schooling, medical care, memberships, driver license, banking, and community activity can show where the permanent life is centered.

Tax Treatment

Filing U.S. resident tax returns and avoiding inconsistent claims of nonresident status can be significant. Tax filings alone do not decide the case.

Property and Residence Abroad

Purchasing a permanent foreign home, accepting indefinite foreign employment, enrolling children long term, or moving household possessions can support abandonment.

Travel Pattern

CBP may review total time abroad, length of each return, repeated short U.S. visits, and whether the traveler spends most of each year outside the country.

Explanations and Documents

Statements should be truthful, specific, and consistent with passports, tax records, employment, leases, school records, and prior government filings.

Reentry Permit

What a Reentry Permit Can and Cannot Do

File Form I-131 in the United States

An LPR generally must be physically present in the United States when filing the reentry-permit application and must satisfy biometrics requirements.

Travel While Pending

Departure after proper filing may be possible, but biometrics scheduling, document delivery, and current USCIS instructions should be planned before leaving.

Usual Validity

A reentry permit is commonly valid for up to two years, although shorter validity can apply based on prior time abroad or other rules.

Not Renewable Abroad

A person generally must return to the United States and file a new Form I-131 for another permit rather than extending an expired permit from abroad.

Supports Intent

The permit is evidence that the person intended to return and sought authorization for extended travel, but it does not conclusively prove that residence was never abandoned.

No Admission Guarantee

CBP can still inspect the traveler, apply INA §101(a)(13)(C), evaluate abandonment, and raise criminal or admissibility issues.

Apply before the problem exists. An LPR anticipating a lengthy absence should evaluate a reentry permit while physically present in the United States rather than waiting until the green card is no longer usable for boarding.

Returning Resident Visa

When an SB-1 Visa May Be Needed

Absence Beyond One Year

An LPR or conditional resident outside the United States for longer than one year without a valid reentry permit ordinarily needs a new immigrant travel document or visa solution.

Permit Expired Abroad

An SB-1 application may be considered when the person remained abroad beyond the validity of the reentry permit.

Status When Departing

The applicant must establish that he or she was an LPR when leaving the United States.

Intent to Return

The applicant must show departure with the intent to return and that this intent was not abandoned.

Delay Beyond the Applicant’s Control

The prolonged stay must be caused by circumstances beyond the applicant’s control and for which the applicant was not responsible.

Form DS-117 Process

The returning-resident determination generally begins with Form DS-117 and supporting evidence at the appropriate embassy or consulate, followed by immigrant-visa processing if approved.

SB-1 Approval Is Not Automatic

A voluntary decision to work, study, care for family, or live abroad for an indefinite period may not satisfy the beyond-control standard. The factual record should be evaluated before filing because a denial may formally document the government’s abandonment conclusion.

Lost, Stolen, or Expired Card Abroad

Carrier Documentation and Form I-131A

Lost or Stolen Green Card

Obtain a local police report where appropriate, preserve a copy of the card, and contact the nearest U.S. embassy or consulate regarding boarding documentation.

Form I-131A

An eligible LPR abroad may apply for carrier documentation when the green card or reentry permit is lost, stolen, destroyed, or otherwise unavailable under the form’s requirements.

Evidence of Status

Provide identity documents, passport, copy of the green card or permit, travel history, proof of the temporary trip, and other evidence required by the post.

Airline Boarding

The carrier may require a valid green card, reentry permit, boarding foil, or other recognized documentation before transporting the traveler.

Replace the Card

File Form I-90 when appropriate to replace a lost, stolen, damaged, or expired card and retain the receipt and temporary evidence.

Long Absence Is Different

Carrier documentation does not automatically solve an absence beyond one year, expired reentry permit, or abandonment issue. Determine whether SB-1 processing or another strategy is required.

INA §101(a)(13)(C)

When Is a Returning LPR Treated as Seeking Admission?

Statutory condition

Abandoned or Relinquished Status

The LPR is treated as seeking admission if the person has abandoned or relinquished permanent resident status.

Statutory condition

Continuous Absence Over 180 Days

An LPR absent for a continuous period exceeding 180 days is treated as seeking admission, even though the green card may remain a usable travel document for a shorter-than-one-year trip.

Statutory condition

Illegal Activity After Departure

Engaging in illegal activity after departing the United States can trigger applicant-for-admission treatment.

Statutory condition

Departure During Removal Proceedings

An LPR who departed while under legal process seeking removal, including specified extradition proceedings, may be treated as seeking admission.

Statutory condition

Certain Criminal Offenses

An LPR who committed an offense identified in INA §212(a)(2), unless relief applies as described in the statute, may be treated as seeking admission.

Statutory condition

Improper Place or Manner of Entry

Attempting entry without inspection or at a place not designated by immigration officers can trigger applicant-for-admission treatment.

Being treated as seeking admission is not the same as automatically losing the green card. It changes the legal framework at inspection and can allow the government to charge inadmissibility. The traveler may still have defenses, waivers, or the right to contest the case before an immigration judge.

Criminal and Removal Risk

When an LPR Should Obtain Legal Review Before Travel

Any Arrest or Conviction

Obtain certified complaints, charging documents, plea records, sentencing records, and final dispositions before determining travel risk.

Controlled-Substance Conduct

Drug convictions, admissions, reason-to-believe allegations, and marijuana-related records can create especially serious inadmissibility and detention issues.

Crimes Involving Moral Turpitude

The exact statute, record of conviction, date, sentence, age, and possible exceptions or waivers must be analyzed.

Multiple Convictions

Aggregate sentencing and the statutory elements can create inadmissibility even when no single conviction appears severe.

Pending Charges or Warrants

Travel may complicate criminal court obligations, probation, bond, warrants, and CBP inspection even before final conviction.

Prior Removal Proceedings

Review every NTA, immigration judge decision, appeal, cancellation order, waiver, termination, and departure before leaving the United States.

Fraud or Smuggling Allegations

Prior immigration applications, border statements, family petitions, and assistance to another traveler may create independent inadmissibility questions.

National Security or Gang Records

Security, terrorism, military, organization, sanctions, or gang-related records can lead to intensive inspection or detention.

Post-Conviction Relief

Vacatur, expungement, pardon, diversion, or amended disposition may or may not eliminate immigration consequences. Review the legal basis and record.

Do Not Use the Proclamation Exception as a Travel Clearance

The LPR exception answers only the presidential-proclamation question. A green card holder with criminal or removal history may face detention and proceedings even though Proclamation 10998 does not apply.

Conditional Permanent Residents

Travel With a Pending Form I-751 or Form I-829

Carry Card and Receipt

Present the expired two-year green card together with the Form I-797 receipt extending status for the period printed on the notice.

ADIT Stamp if Needed

Request temporary evidence from USCIS when the extension has expired, the receipt is missing, the card is unavailable, or a carrier will not accept the documents.

Biometrics and Interviews

Plan travel around USCIS appointments, requests for evidence, interviews, and other deadlines. An international trip does not suspend case obligations.

Late or Missing Petition

Failure to timely file the required petition can lead to termination of conditional status. Good-cause late filing and removal-defense questions require individual analysis.

Marriage Separation or Divorce

A pending or completed divorce does not automatically prevent travel, but it may change the Form I-751 filing basis and the evidence required.

Investor Project Problems

Termination, denial, fraud allegations, source-of-funds issues, or project failure can affect an investor’s conditional status independently of the proclamation exception.

Form I-407

Do Not Voluntarily Abandon LPR Status Without Understanding the Consequences

Permanent consequence

What Form I-407 Does

Form I-407 records a voluntary abandonment of lawful permanent resident status and authorizes the government to update the person’s immigration record accordingly.

Review Before Signing

Understand the immigration, tax, family-petition, employment, naturalization, and future-visa consequences before signing at an airport, consulate, or elsewhere.

Right to Contest Abandonment

An LPR who does not voluntarily abandon status may be placed in proceedings where the abandonment allegation can be contested before an immigration judge.

Card Possession Is Not the Only Issue

Surrendering the physical card and surrendering legal status are related but distinct. Do not assume that handing over a card is a harmless administrative act.

Future Immigration

Abandonment does not permanently prohibit a future green card, but a new petition, visa, admissibility review, and current legal restrictions may be required.

Tax Advice May Be Necessary

Long-term residents and other individuals may have expatriation, filing, or tax consequences beyond immigration law. Obtain qualified tax advice where appropriate.

Form I-407 should be voluntary and informed. A tired traveler in secondary inspection should not sign merely to end questioning without understanding that the form relinquishes permanent resident status.

CBP Inspection

How a Returning LPR Should Prepare for the Port of Entry

Primary Documents

Carry the passport, green card or reentry permit, extension notice, ADIT stamp, and any carrier documentation used for boarding.

Proof of Temporary Travel

Bring evidence of the reason for the trip, expected end date, return itinerary, employment leave, medical need, family emergency, project completion, or other temporary purpose.

Proof of U.S. Residence

Carry selected records showing a U.S. home, taxes, employment, family, banking, insurance, driver license, property, and community ties when abandonment may be questioned.

Truthful Answers

Answer questions accurately about residence, employment, taxes, family, criminal history, travel, and the purpose and duration of the absence.

Secondary Inspection

CBP may inspect documents, review databases, ask detailed questions, contact other agencies, examine devices within its authority, or refer the case for further action.

Verify the Record

Retain inspection paperwork and review any passport notation, temporary evidence, Notice to Appear, deferred-inspection instruction, or other document before leaving the airport.

Naturalization

International Travel Can Affect U.S. Citizenship Eligibility

Continuous Residence

An absence of more than six months but less than one year may create a rebuttable presumption that continuous residence was interrupted.

Absence of One Year or More

A continuous absence of one year or more generally breaks continuous residence for naturalization unless a specific preservation provision applies.

Physical Presence

The applicant must also satisfy the required number of days physically present in the United States during the statutory period.

Residence Within the District

Travel and relocation may affect the requirement to reside within the relevant state or USCIS district before filing.

Pending N-400

Travel is not automatically prohibited after filing, but the applicant must attend biometrics, interview, and oath and must remain eligible through naturalization.

N-470 Is Limited

Preservation of residence through Form N-470 is available only for specified qualifying employment and does not broadly protect every extended trip.

Readmission as an LPR does not prove naturalization eligibility. CBP admission, preservation of green card status, continuous residence, and physical presence are related but legally distinct questions.

Asylee- and Refugee-Based LPRs

Travel to the Country of Feared Persecution Requires Special Review

Reason for the Original Protection

Review the asylum or refugee claim, protected ground, alleged persecutor, country conditions, and representations made to USCIS, the court, or the State Department.

Purpose of Return

A compelling emergency may be easier to explain than repeated voluntary vacations or long residence in the country from which protection was sought.

Use of National Passport

Obtaining or using the persecuting government’s passport may raise questions depending on the claim and circumstances.

Changed Circumstances

Country conditions, personal circumstances, government change, family needs, and the passage of time should be documented accurately.

Fraud or Credibility Concern

Travel inconsistent with the original protection claim may trigger review of whether asylum or refugee status was obtained through a material misrepresentation.

Citizenship Filing

Naturalization may involve renewed examination of the original immigration history, travel, residence, and eligibility for permanent residence.

Travel Strategy

Seven Steps Before an LPR From a Restricted Country Travels

Confirm current LPR status

Review the green card, admission or adjustment record, conditional status, pending petitions, abandonment history, and any final immigration order.

Confirm the proclamation exception

Preserve a copy of Proclamation 10998 section 6(b)(i) and evidence that the traveler is a lawful permanent resident.

Confirm acceptable travel documents

Check card validity, receipt extensions, ADIT stamp, reentry permit, passport, carrier rules, and I-131A needs.

Analyze the absence

Measure current and prior trips, temporary purpose, anticipated return, U.S. residence, foreign ties, taxes, employment, and naturalization consequences.

Review criminal and removal history

Obtain certified records and analyze INA §101(a)(13)(C), inadmissibility, removability, detention, waivers, and pending proceedings.

Prepare the inspection file

Carry selected documents proving status, temporary travel, U.S. residence, the reason for any extended absence, and lawful admissibility.

Recheck current rules before departure and return

Verify USCIS, CBP, State Department, airline, transit-country, and proclamation guidance immediately before travel.

Evidence Checklist

Documents for a Green Card Travel Review

Status Evidence

Green card, endorsed immigrant visa, adjustment approval, immigration judge order, I-90 receipt, I-751 or I-829 receipt, and ADIT stamp.

Travel Documents

Passport, reentry permit, boarding foil, prior passports, tickets, boarding passes, I-94 history, and entry and departure records.

Absence Timeline

A complete chart of each departure and return, destination, purpose, duration, and supporting records.

U.S. Residence

Lease or deed, utility bills, mail, insurance, driver license, vehicle, personal property, and evidence of actual use of the home.

Employment and Finances

Employment letter, approved leave, payroll, business records, banking, credit, investments, and retirement accounts.

Tax Records

Federal and state returns, transcripts, filing status, foreign tax records where relevant, and explanation of any nonresident treatment.

Family and Community

Spouse and child residence, school, medical care, memberships, caregiving, religious or civic ties, and other evidence locating permanent life in the United States.

Reason for Long Absence

Medical records, death certificate, government restriction, employment assignment, school program, court order, disaster, or other documentation.

Adverse Immigration Records

Criminal dispositions, NTA, court decisions, waivers, CBP records, prior I-407, abandonment findings, and USCIS correspondence.

Frequently Asked Questions

Lawful Permanent Resident Exception FAQ

Are green card holders exempt from Presidential Proclamation 10998?

Yes. Section 6(b)(i) expressly provides that the suspension and limitation on entry do not apply to any lawful permanent resident of the United States.

Do LPRs need a national-interest exception?

No, not merely because of Proclamation 10998. A current LPR should rely on the categorical exception, although separate documentation, abandonment, inadmissibility, or inspection issues may remain.

Does an expired green card end permanent resident status?

No. Expiration of the card does not by itself terminate LPR status, but the traveler still needs acceptable evidence for boarding and inspection, such as an extension notice, ADIT stamp, or other authorized document.

How long can an LPR remain outside the United States?

No single period decides abandonment. More than six months, one year, and the validity of a reentry permit have different legal consequences. The person’s intent and objective residence evidence remain important.

Does a reentry permit guarantee admission?

No. It is valuable travel and intent evidence, but CBP can still evaluate abandonment, applicant-for-admission treatment, criminal history, and admissibility.

What happens after an absence of more than 180 days?

INA §101(a)(13)(C) treats an LPR absent continuously for more than 180 days as seeking admission. This does not automatically terminate LPR status but changes the inspection and inadmissibility framework.

What happens after an absence of more than one year?

Without a valid reentry permit, the green card ordinarily is not sufficient as the travel document. The person may need an SB-1 returning-resident visa or another lawful solution and may face abandonment questions.

What is an SB-1 returning-resident visa?

It is an immigrant visa process for an LPR or conditional resident who remained abroad beyond one year or the validity of a reentry permit because of circumstances beyond the person’s control while maintaining intent to return.

Can an LPR with a criminal record travel?

Possibly, but travel can trigger detention, applicant-for-admission treatment, inadmissibility charges, or removal proceedings. The exact statute and certified criminal record should be reviewed before departure.

Should an LPR sign Form I-407 at the airport?

Only after understanding that the form voluntarily abandons LPR status and considering the right to contest abandonment. Signing merely to end secondary inspection can have permanent consequences.

Can a conditional resident use the proclamation exception?

Yes, while conditional permanent resident status remains valid or properly extended. Carry the expired two-year card and the applicable I-751 or I-829 receipt notice or other temporary evidence.

Can travel affect naturalization?

Yes. Absences longer than six months may affect continuous residence, absences of one year or more generally break it absent a qualifying exception, and all travel affects the physical-presence calculation.

National Green Card Travel and Entry Counsel

Confirm the Proclamation Exception and Resolve Every Separate Return Risk Before Departure

An LPR from a restricted country is expressly excepted from Proclamation 10998, but the travel plan should still address acceptable documents, trip length, abandonment, reentry permits, conditional status, criminal history, removal proceedings, CBP inspection, and naturalization consequences. Early review is especially important before a long absence or travel with an adverse immigration record.

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