A client recently approached us after encountering confusion at a U.S. port of entry regarding the requirement to notify DHS before departing the U.S. with a green card. This issue stemmed from a now-withdrawn DHS policy that mandated green card holders to submit a departure notice to avoid abandonment of permanent resident status.
In May 2026, DHS officially reversed this policy, which had caused significant uncertainty among green card holders, especially those with frequent international travel schedules. Previously, under the withdrawn directive, failure to file a departure notification could lead to presumption of abandonment and potential inadmissibility upon return. This posed particular challenges for our clients in the EB-1C and EB-5 categories, who often travel for business or project supervision.
From our practical experience, the rescindment aligns better with the Immigration and Nationality Act (INA) §101(a)(13)(C), which defines abandonment of permanent residence primarily through prolonged absence or intent, rather than procedural filings. The previous DHS departure requirement was not grounded in statutory text but was an administrative interpretation that created unnecessary hurdles.
As a firm, we have advised clients to maintain clear records of their travel dates and ties to the U.S., such as tax filings and employment, which remain the primary evidence USCIS and CBP use to assess abandonment. We also recommend clients check their Form I-551 (green card) expiration dates regularly and renew timely to avoid complications unrelated to departure notifications.
For corporate executives on L-1 or EB-1C visas who have adjusted status to permanent residents, this change means less administrative burden when traveling for business overseas. Similarly, EB-5 investors who often split time between the U.S. and their home countries can now plan trips without the risk of inadvertent abandonment due to procedural missteps.
Actionable steps we suggest now include: 1) Confirm your green card validity and renew if expiration is within 6 months; 2) Keep detailed travel logs and supporting documents demonstrating ongoing U.S. residence intent; 3) Inform your immigration counsel before long absences exceeding 6 months to evaluate if a reentry permit or other protections are advisable.
For clients managing complex multinational operations or investments, this development facilitates smoother cross-border mobility without procedural pitfalls. We encourage you to review your travel plans in light of this change and consult with us on any planned extended absences or renewals.
Data Sources
[1] USCIS Policy Manual, Part D, Chapter 2, https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 [2] INA §101(a)(13)(C), https://www.law.cornell.edu/uscode/text/8/1101 [3] DHS Announcement, https://www.dhs.gov/news/2026/05/30/dhs-withdraws-greencard-departure-requirement