Obtaining a green card is a significant milestone in many immigrants’ immigration journeys. The card gives immigrants legal permanent residency in the United States. This means that individuals have the liberty to reside indefinitely in the country and even find a source of income. However, maintaining a green card requires adhering to specific legal obligations. One of the most misunderstood elements of having legal permanent residency is green card abandonment.
Green card abandonment occurs when a lawful permanent resident is deemed to have voluntarily relinquished their status. While the term “abandonment” may imply an intentional act, it is not always deliberate. Immigration authorities use specific criteria to determine whether an individual has, in effect, given up their permanent residency status. Understanding these factors can enlighten green card holders who frequently travel abroad or spend extended periods outside the United States.
Key factors leading to green card abandonment
Ideally, green card holders should reside primarily in the U.S. Immigrants can travel out of the country, but absences exceeding six months can raise eyebrows. Immigration authorities may question whether such individuals still intend to maintain permanent residency. A trip lasting more than one year without obtaining a re-entry permit can trigger a presumption of abandonment.
Lawful permanent residents can avoid issues of green card abandonment by maintaining detailed travel records. Indicating the purpose and duration of each trip can help ensure they don’t get in trouble with immigration authorities.
Aside from trips out of the country, a lack of strong ties to the U.S. can also trigger presumptions of green card abandonment. Immigrants can establish themselves as intentional permanent residents by:
- Owning property
- Filing taxes
- Having family in the country
- Maintaining a U.S. address and bank accounts
Securing employment outside of the country may also signal an intention to live outside the U.S. permanently. Furthermore, green card holders are required to file U.S. tax returns as residents. Filing as a “nonresident” for tax purposes can also indicate a lack of commitment to permanent residency.
Immigrants who are facing green card abandonment allegations may feel like their residency in the U.S. is being threatened. By seeking dedicated legal support, affected immigrants may be able to iron things out before they get out of hand.