Lawful Permanent Resident (LPR) status in the US is a privilege, and the status can be abandoned, even involuntarily. Abandonment of permanent residence (also known as the “green card”) occurs when the resident fails to maintain the status by not residing in the US.
Many Lawful Permanent Residents returning to the US each month are met with a surprise at the port of entry, when they are accused of abandonment. Unfortunately there is no simple rule regarding exactly how long a resident can stay outside the US Customs and Border Patrol (CBP) officers will review the totality of the circumstances in deciding whether the LPRs intent was to abandon their residence.
Generally, spending less than one year outside of the US is not abandonment, whereas spending over one year at a time outside of the US does indicate abandonment. LPRs that have been outside of the US for over one year should review their eligibility for a “returning resident visa” with the nearest US consulate abroad.
Many LPRs mistakenly believe that residing overseas, but returning home once or twice a year for several weeks at a time indicates a lack of intent to abandon—however, abandonment can easily be found in such instances as well. Further, even if the resident obtains a Re-Entry Permit—allowing them to be outside of the US for up to two years at a time—abandonment may still be an issue.
So, then, what is a resident contemplating foreign travel to do? Some residents have legitimate reasons for temporarily needing to live abroad, such as temporary work, children finishing school, and sick relatives to care for. How do such individuals, who truly do intend to reside in the US, prove their intentions? Why is it that one person can be found to have abandoned after traveling out of the US for 9 months, but another person has been out for 21 months and not been accused of abandonment?
The key to understanding abandonment is not to focus on time, but rather, to understand that time spent out of the US is simply one of the numerous ingredients comprising the formula for the immigration intent. In order to keep their green card, the LPR must retain their US residence as their permanent one and intend to reside in the US. Therefore, all LPRs who wish to keep their green cards should take the necessary steps in accordance with the above to establish sufficient facts evidencing that they are maintaining strong ties with the US and retaining the US as their permanent home.
Over the years, we have seen the following factors as demonstrating ties to the US:
• Paying US taxes
• Maintaining a US address
• Paying a mortgage in the US
• Maintaining professional or social memberships
• Family ties in the US
• Maintaining valid US driver’s license
• Paying utility bills
• Maintaining medical/life insurance policies with US company
• Conducting Financial Transactions in the US (using US credit cards and bank accounts)
• Maintaining Investments in the US.
• Proof that there is a fixed, finite, viable reason for being abroad (such as employment, schooling of children)
• Sending children to an International or American school while abroad (indicates maintaining ties to US and a willingness to return)
Abandonment issues can arise in numerous circumstances, including when a resident abroad wishes to travel as an LPR or when the resident wishes to voluntarily (I-407) abandon their green card in lieu of visitor visa eligibility. Abandonment issues also arise when a resident in the US has been placed into removal proceedings upon entry to the US, when filing an I-90 to renew resident status, or when contemplating applying for a re-entry permit.
US lawful permanent resident status is a top prize in the lottery of life. Hundreds of thousands of people around the world seek LPR status and spend years pursuing it. If you are a resident and are contemplating abandonment implications on your status, be sure to speak with a knowledgeable and experienced immigration attorney.
