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.
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.
Section 6(b)(i) states that the suspension and limitation on entry shall not apply to any lawful permanent resident of the United States.
An LPR remains within the express exception even when the person is a national of a fully restricted country, partially restricted country, or Turkmenistan.
A person who proves valid LPR status should rely on the categorical exception rather than request discretionary proclamation relief.
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.
An immigrant visa endorsed upon admission generally serves as temporary evidence of permanent residence for the period stated on the visa endorsement.
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.
CBP may question whether the person intended to make the United States the permanent home, particularly after a long or repeated absence.
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.
Certain offenses, conduct, admissions, warrants, probation issues, or removal grounds may create detention and litigation risk.
An LPR may be substantively excepted from the proclamation but unable to board or delayed at inspection without acceptable evidence of status.
Failure to timely and properly remove conditions can lead to termination issues not resolved by the proclamation exception.
Long absences may disrupt continuous residence or physical presence for citizenship even when the traveler is readmitted as an LPR.
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.
A valid Form I-551 green card is the ordinary travel document for an LPR returning from a temporary trip abroad.
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.
USCIS may issue temporary evidence of permanent resident status when the card is expired, lost, unavailable, or delayed and other documentation is insufficient.
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.
The expired conditional card and receipt notice serve as evidence of continued status for the extension period printed on the notice.
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.
| Length or circumstance | Typical concern | Recommended preparation |
|---|---|---|
| Less than 6 months | Usually 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 year | CBP 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 permit | The 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 permit | The 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 trips | A 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 validity | The 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.
A temporary assignment, study, medical treatment, family emergency, or fixed project is generally easier to explain than an open-ended move abroad.
Evidence that the visit abroad would end upon a reasonably foreseeable event can support the claim that the absence was temporary.
Ownership or lease, household expenses, utilities, insurance, personal property, and actual use of a U.S. residence can be important.
Continuing U.S. employment, approved leave, U.S. business activity, payroll, or a temporary foreign assignment may support residence.
Location of spouse and children, schooling, medical care, memberships, driver license, banking, and community activity can show where the permanent life is centered.
Filing U.S. resident tax returns and avoiding inconsistent claims of nonresident status can be significant. Tax filings alone do not decide the case.
Purchasing a permanent foreign home, accepting indefinite foreign employment, enrolling children long term, or moving household possessions can support abandonment.
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.
Statements should be truthful, specific, and consistent with passports, tax records, employment, leases, school records, and prior government filings.
An LPR generally must be physically present in the United States when filing the reentry-permit application and must satisfy biometrics requirements.
Departure after proper filing may be possible, but biometrics scheduling, document delivery, and current USCIS instructions should be planned before leaving.
A reentry permit is commonly valid for up to two years, although shorter validity can apply based on prior time abroad or other rules.
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.
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.
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.
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.
An SB-1 application may be considered when the person remained abroad beyond the validity of the reentry permit.
The applicant must establish that he or she was an LPR when leaving the United States.
The applicant must show departure with the intent to return and that this intent was not abandoned.
The prolonged stay must be caused by circumstances beyond the applicant’s control and for which the applicant was not responsible.
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.
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.
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.
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.
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.
The carrier may require a valid green card, reentry permit, boarding foil, or other recognized documentation before transporting the traveler.
File Form I-90 when appropriate to replace a lost, stolen, damaged, or expired card and retain the receipt and temporary evidence.
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.
The LPR is treated as seeking admission if the person has abandoned or relinquished permanent resident status.
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.
Engaging in illegal activity after departing the United States can trigger applicant-for-admission treatment.
An LPR who departed while under legal process seeking removal, including specified extradition proceedings, may be treated as seeking admission.
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.
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.
Obtain certified complaints, charging documents, plea records, sentencing records, and final dispositions before determining travel risk.
Drug convictions, admissions, reason-to-believe allegations, and marijuana-related records can create especially serious inadmissibility and detention issues.
The exact statute, record of conviction, date, sentence, age, and possible exceptions or waivers must be analyzed.
Aggregate sentencing and the statutory elements can create inadmissibility even when no single conviction appears severe.
Travel may complicate criminal court obligations, probation, bond, warrants, and CBP inspection even before final conviction.
Review every NTA, immigration judge decision, appeal, cancellation order, waiver, termination, and departure before leaving the United States.
Prior immigration applications, border statements, family petitions, and assistance to another traveler may create independent inadmissibility questions.
Security, terrorism, military, organization, sanctions, or gang-related records can lead to intensive inspection or detention.
Vacatur, expungement, pardon, diversion, or amended disposition may or may not eliminate immigration consequences. Review the legal basis and record.
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.
Present the expired two-year green card together with the Form I-797 receipt extending status for the period printed on the notice.
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.
Plan travel around USCIS appointments, requests for evidence, interviews, and other deadlines. An international trip does not suspend case obligations.
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.
A pending or completed divorce does not automatically prevent travel, but it may change the Form I-751 filing basis and the evidence required.
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 records a voluntary abandonment of lawful permanent resident status and authorizes the government to update the person’s immigration record accordingly.
Understand the immigration, tax, family-petition, employment, naturalization, and future-visa consequences before signing at an airport, consulate, or elsewhere.
An LPR who does not voluntarily abandon status may be placed in proceedings where the abandonment allegation can be contested before an immigration judge.
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.
Abandonment does not permanently prohibit a future green card, but a new petition, visa, admissibility review, and current legal restrictions may be required.
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.
Carry the passport, green card or reentry permit, extension notice, ADIT stamp, and any carrier documentation used for boarding.
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.
Carry selected records showing a U.S. home, taxes, employment, family, banking, insurance, driver license, property, and community ties when abandonment may be questioned.
Answer questions accurately about residence, employment, taxes, family, criminal history, travel, and the purpose and duration of the absence.
CBP may inspect documents, review databases, ask detailed questions, contact other agencies, examine devices within its authority, or refer the case for further action.
Retain inspection paperwork and review any passport notation, temporary evidence, Notice to Appear, deferred-inspection instruction, or other document before leaving the airport.
An absence of more than six months but less than one year may create a rebuttable presumption that continuous residence was interrupted.
A continuous absence of one year or more generally breaks continuous residence for naturalization unless a specific preservation provision applies.
The applicant must also satisfy the required number of days physically present in the United States during the statutory period.
Travel and relocation may affect the requirement to reside within the relevant state or USCIS district before filing.
Travel is not automatically prohibited after filing, but the applicant must attend biometrics, interview, and oath and must remain eligible through naturalization.
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.
Review the asylum or refugee claim, protected ground, alleged persecutor, country conditions, and representations made to USCIS, the court, or the State Department.
A compelling emergency may be easier to explain than repeated voluntary vacations or long residence in the country from which protection was sought.
Obtaining or using the persecuting government’s passport may raise questions depending on the claim and circumstances.
Country conditions, personal circumstances, government change, family needs, and the passage of time should be documented accurately.
Travel inconsistent with the original protection claim may trigger review of whether asylum or refugee status was obtained through a material misrepresentation.
Naturalization may involve renewed examination of the original immigration history, travel, residence, and eligibility for permanent residence.
Review the green card, admission or adjustment record, conditional status, pending petitions, abandonment history, and any final immigration order.
Preserve a copy of Proclamation 10998 section 6(b)(i) and evidence that the traveler is a lawful permanent resident.
Check card validity, receipt extensions, ADIT stamp, reentry permit, passport, carrier rules, and I-131A needs.
Measure current and prior trips, temporary purpose, anticipated return, U.S. residence, foreign ties, taxes, employment, and naturalization consequences.
Obtain certified records and analyze INA §101(a)(13)(C), inadmissibility, removability, detention, waivers, and pending proceedings.
Carry selected documents proving status, temporary travel, U.S. residence, the reason for any extended absence, and lawful admissibility.
Verify USCIS, CBP, State Department, airline, transit-country, and proclamation guidance immediately before travel.
Green card, endorsed immigrant visa, adjustment approval, immigration judge order, I-90 receipt, I-751 or I-829 receipt, and ADIT stamp.
Passport, reentry permit, boarding foil, prior passports, tickets, boarding passes, I-94 history, and entry and departure records.
A complete chart of each departure and return, destination, purpose, duration, and supporting records.
Lease or deed, utility bills, mail, insurance, driver license, vehicle, personal property, and evidence of actual use of the home.
Employment letter, approved leave, payroll, business records, banking, credit, investments, and retirement accounts.
Federal and state returns, transcripts, filing status, foreign tax records where relevant, and explanation of any nonresident treatment.
Spouse and child residence, school, medical care, memberships, caregiving, religious or civic ties, and other evidence locating permanent life in the United States.
Medical records, death certificate, government restriction, employment assignment, school program, court order, disaster, or other documentation.
Criminal dispositions, NTA, court decisions, waivers, CBP records, prior I-407, abandonment findings, and USCIS correspondence.
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.
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.
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.
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.
No. It is valuable travel and intent evidence, but CBP can still evaluate abandonment, applicant-for-admission treatment, criminal history, and admissibility.
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.
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.
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.
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.
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.
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.
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.
Current restrictions, INA §212(f), exceptions, procedures, visa classes, and archives.
Scope limitations, LPRs, dual nationals, official travelers, athletes, SIVs, and national interest.
Country lists, visa classes, separate issuance pauses, visa bonds, and operational changes.
Passport selection, nationality proof, visa placement, airline records, and CBP inspection.
Effective-date scope, visa validity, revocation, cancellation, and replacement passports.
Coverage analysis, exception strategy, travel risk, consular advocacy, and CBP preparation.
CBP inspection, withdrawal, expedited removal, detention, and future travel.
Document review, inspection, cancellation, statements, removal, and correction.
Convictions, admissions, exceptions, waivers, records, and returning-resident risks.
Removal orders, departure, inadmissibility periods, I-212 relief, and return strategy.
Separate statutory relief that may be required when an LPR is treated as seeking admission.
I-94, passport, nationality, inspection, admission, and source-record corrections.
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.
Request a Consultation