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USCIS Reiterates Green Card Risks as CBP Finalizes Expanded Biometric Checks

Long absences and certain tax or relocation choices can be treated as abandonment, with reentry permits or SB-1 visas serving only as evidence of intent.

Overview

  • CBP is implementing a finalized rule to capture biometrics for all non‑citizens, including permanent residents, at entry and exit, with photo collection expanding on November 26.
  • USCIS flags behaviors that can be read as abandoning U.S. residence, including moving abroad to live permanently, declaring oneself a nonimmigrant on federal taxes, and staying outside the country for extended periods.
  • Absences over six months can trigger intensified questioning as a new admission, over 12 months without a reentry permit generally invalidates the green card for return, and reentry permits are typically valid for up to two years.
  • USCIS notes that a reentry permit (Form I‑131) or a returning‑resident visa (SB‑1) can help show an absence is temporary but does not guarantee reentry at a U.S. port of entry.
  • Required travel documents for returning residents include a valid passport, any needed destination visas, the physical green card and proof of permanent residence (Form I‑551), and USCIS can revoke status for ineligibility found within five years or for certain crimes, with DHS notifying the IRS upon loss of status.