Can a green card holder returning to the U.S. after 11 months absence be barred from the entry to the country? After 13 months? Can he/she be deported after entry? What are general requirements for a permanent resident staying abroad?

Yes, you can have your permanent residence challenged after a departure of less than 12 months. The true test is whether or not you intended to abandon your residence. The INS can allege that you have abandoned your residence even if you have been outside the United States for less than one year.

The one year limit that you may have heard about addresses the validity of your green card as an entry document for up to twelve months. If you are outside the United States for longer than twelve months, you technically need a different entry document (i.e. a reentry permit). This has nothing to do with a finding of abandonment.

Clearly short trips outside the United States will not create problems, as long as you have enough ties to the United States to show that you did not intend to abandon your residence. However, the longer the departure the more evidence you will need. Evidence such as ownership or a long term lease for premises in the United States, the filing of U.S. income tax returns, U.S. drivers license, U.S. bank accounts , etc. will show an intention to return after your trip.

If abandonment of residence is alleged when you seek re-entry to the United States, you can be put into an exclusion hearing. However, if the INS alleges that you have abandoned residence while you are in the United States, they will have to put you into deportation proceedings. Returning residents placed into exclusion proceedings are given some additional rights over other applicants for admission (the burden of proof is on the INS to show excludability). However, they are given far greater rights in deportation proceedings.

If you wish to take steps to preserve your U.S. residence while you are outside the United States, you may wish to apply for a returning resident permit or reentry permit. They are considered prima facie evidence of your intent to retain residence. I briefly discussed reentry permits in the June 17, 1996 edition of Immigration Law Weekly.

I am a landed immigrant of Canada. What is a border crossing card and what is it used for?

Please refer to my article on border crossing cards which has just be uploaded to this site.