The number of people obtaining green cards is increasing. However, there are not a few cases where people need to stay in Korea for an extended period due to family issues, health issues, or business circumstances. In such cases, there are important matters that many people easily overlook: the maintenance requirements for a U.S. green card and health insurance eligibility issues.



1. The Basic Principle of a U.S. Green Card: "Maintaining the U.S. as Your Permanent Residence"

As the name suggests, a U.S. green card holder is a status that requires making the U.S. one's permanent residence. Therefore, if you stay in Korea for an extended period, you may be suspected during immigration inspection of "not intending to reside permanently."

- Overseas stay of 6 months or more: Immigration officers may ask additional questions upon entry.
- Overseas stay of 1 year or more: In principle, this may be regarded as an intention to abandon the green card.

2. The Necessity of a Re-entry Permit

If you plan to stay in Korea for a long period, you must be sure to prepare a re-entry permit.

- Application timing: You must file Form I-131 while you are physically present in the U.S.
- Validity period: Usually valid for 2 years. You can maintain your green card even while staying overseas during this period.
- Effect: It reduces unnecessary suspicion during immigration inspection and serves as evidence that "you are making the U.S. your permanent residence."

You must understand that a re-entry permit is not a "green card guarantee device," but rather a protective device that minimizes the risk during immigration inspection in the case of a long overseas stay.

3. Long-Term Stay in Korea and Health Insurance Issues

Staying in Korea for a long time naturally brings up National Health Insurance issues.

- Green card holders who have not reported overseas relocation: If resident registration is maintained, health insurance regional subscriber eligibility is automatically restored after entering Korea.
- Green card holders who have reported overseas relocation: Since resident registration is canceled, health insurance eligibility is also lost. In this case, health insurance enrollment is only possible after re-registering resident registration and residing for a certain period. However, a 6-month waiting period may be imposed.
- Workplace subscribers: If you get a job in Korea, you can receive health insurance benefits immediately.

The relationship with U.S. health insurance must also be considered. Since Obamacare (ACA) or Medicare presuppose actual residency requirements within the U.S., eligibility may not be maintained during a long-term stay in Korea. Therefore, if you plan a long-term stay in Korea, you will realistically come to depend on the National Health Insurance.

4. Considerations from a Tax and Foreign Exchange Perspective

- Tax issues: If your days of residence in Korea are 183 days or more, you are considered a resident under Korean tax law and become subject to Korean taxation on worldwide income. Since the U.S. and Korea have a double taxation avoidance agreement, this should be utilized when filing income taxes.
- Overseas relocation reporting: In the case of long-term relocation or remittance, a foreign exchange reporting obligation to the bank may arise, and you may be asked to verify the source of funds.

5. Practical Advice

- If you plan to stay in Korea long-term, be sure to obtain a re-entry permit in advance.
- Health insurance varies depending on your resident registration status in Korea, so you should check your own situation in advance.
- It is safer to also consider tax issues. Tax risks can arise depending on your days of residence in Korea, whether income is generated, and remittance history.

EB-3 green card holders can stay in Korea for a long period, but staying without any preparation can result in significant disadvantages regarding green card maintenance or health insurance eligibility. The safe path is to comprehensively consider protecting your green card through a re-entry permit, managing National Health Insurance eligibility, and tax issues.