Abandoned Green Card

As a lawful U.S. permanent resident you are given the right and privilege to live and work in the U.S. under the protection of the U.S. constitution.  However, as a permanent resident you must also fulfill certain responsibilities as a means of demonstrating your loyalty and good will toward the United States.  In particular, these responsibilities are primarily meant to determine your intentions concerning your status as a permanent resident.  If you maintain your intent to remain a law abiding permanent resident here in the U.S. then you will not have any problems. 

You are eligible for being found to have abandoned your permanent resident status:

  1. If you move to another country and plan on living there permanently.
  2. If you remain overseas for more than a year without obtaining a reentry permit or returning resident visa.
  3. If you remain overseas for more than 2 years and you have obtained a reentry permit but not a returning resident visa.
  4. If you remain overseas for any length of time and have established your intent to maintain a permanent residence abroad.
  5. If you failed to file an income tax return while you were living overseas.
  6. If you declare yourself a non-immigrant when you file your tax return.
  7. If you attempt to change the form of government through illegal means.
  8. If you are a male between the ages of 18 and 25 and fail to register with the Selective Service.

How to avoid a determination of Abandonment of Permanent Residence:

  1. You must file a Federal tax return with the Internal Revenue Service.
  2. You must file any necessary state, city or local tax returns as required.
  3. You must not file a nonresident alien tax form.
  4. You must not declare yourself a non-immigrant on your tax return.
  5. You must be in possession of a Social Security Card.
  6. If you are a male between the ages of 18 and 25 then you must be registered with the Selective Service.
  7. You must be aware of your Permanent Resident Card expiration date and renew it within six months of the expiration date.
  8. You must avoid long stays overseas, especially if they involve a permanent residence or work.
  9. If you know that you will stay abroad for more than a year then you must file Form I-131, Application for Reentry Permit, before you depart.
  10. If you know that you will stay abroad for more than two years then you must file Form I-131 before you leave and then after two years have passed you must file an SB-1 visa, Returning Resident Visa, in order to reenter the U.S. and maintain your permanent resident status.
 
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