A U.S. Permanent Resident Card (“Green Card”) is a privilege many wait years to obtain, and sometimes pay a lot of money for, and something many can only dream of obtaining. Although a Green Card allows a person to live, work, and travel in/to the United States, a Green Card has some important limitations. One important limitation Green Card holders should be aware of is associated with the concept of “abandonment of residency;” failure to properly understand this concept can lead to the U.S. government taking away a Green Card holder’s U.S. permanent resident status. For part one of this article, discussing the “abandonment of residency” concept, click on the following link: https://uscg.attorneyngo.com/blog/maintaining-u-s-permanent-resident-status-and-options-and-recommendations-to-prevent-abandonment-of-u-s-residency-part-1-of-2/. In part two of this article, options and recommendations to prevent a U.S. government finding of abandonment of U.S. residency will be discussed.
I. Options and Recommendations to Prevent Abandonment of U.S. Residency.
In terms of options and recommendations to prevent a U.S. government finding of abandonment of U.S. residency, Green Card holders should consider the following.
A. Properly Maintain U.S. Permanent Resident Status.
First and foremost, Green Card holders should take steps to ensure and show they maintain their U.S. legal permanent resident status. Trips outside of the U.S. should be short, temporary, and not frequent. Trips should be, if possible, 180 days or less in duration. The purpose of any trip outside of the U.S. should show maintenance of U.S. permanent resident status, e.g., tourism, to visit friends, etc. Any trip outside of the U.S. should be for a definite period of time, not for an indefinite, unknown period of time. And Green Card holders should always show a continuous uninterrupted objective intent to return to the U.S., e.g., by having a home in the U.S. (lease, mortgage, etc.), employment in the U.S., and much more. A competent U.S. immigration lawyer will be able to prepare clients to seek re-entry into the U.S. with a strong and relevant non-abandonment of residency narrative and the proper accompanying supporting evidence. In addition, a U.S. immigration lawyer can advise clients on what not to say and do to avoid a finding of abandonment of residency, or worse yet, a finding of fraud down the road; there are numerous landmines Green Card holders should be advised to avoid. If trips outside of the U.S. are frequent, for a long duration, or abandonment of residency factors cannot be easily shown, a competent U.S. immigration lawyer should be consulted, especially since the consequences can be drastic.
B. Obtain a Re-Entry Permit.
Second, if relevant, Green Card holders may want to obtain a U.S. re-entry permit. A re-entry permit is generally valid for two years. Although a re-entry permit does not guarantee re-entry into the U.S., it is a positive factor the U.S. government considers in evaluating whether a Green Card holder has/had a continuous uninterrupted objective intent to return to the U.S. In addition, a re-entry permit will prevent an automatic finding of abandonment of residency for an absence outside of the U.S. of one year or more (for the duration of the re-entry permit). It should be noted, however, that even with a re-entry permit, abandonment of residency can be found if the Green Card holder fails to show a continuous uninterrupted objective intent to return to the U.S. In addition, a prolonged absence outside of the U.S., even with a re-entry permit, can lead to a re-setting of the U.S. naturalization (for U.S. citizenship) continuous residence clock.
C. Apply for U.S. Citizenship.
Third, when eligible, Green Card holders are, generally, strongly advised to apply for U.S. citizenship, as U.S. citizens are not required to maintain U.S. permanent resident status. A qualified U.S. immigration lawyer should be consulted to determine whether U.S. citizenship should be sought and discuss the pros and cons of applying for U.S. citizenship. In some circumstances, it may not be in the best interests of a Green Card holder to apply for U.S. citizenship, for example, when the applicant has a criminal history.
D. Apply for a U.S. Returning Resident Visa.
Fourth, in some circumstances, if a Green Card holder has been outside of the U.S. for one year or more or beyond the validity of their re-entry permit, a Returning Resident Visa may be obtained from a U.S. Consular Post. In this situation, a competent U.S. immigration lawyer, experienced in practicing before the relevant U.S. Consular Post, should be contacted because these visas are not easily granted.
E. Re-apply for a U.S. Immigrant Visa.
Fifth, if the U.S. government finds, or already found, that a Green Card holder abandoned his or her U.S. permanent resident status, a new petition may be filed for an immigrant visa, if available. Of course, this generally requires a U.S. petitioner relationship/business.
F. Apply for a U.S. Nonimmigrant Visa or Obtain Citizenship from a Country on the U.S. Visa Waiver Program List.
Finally, if a Green Card holder simply cannot maintain U.S. permanent resident status and does not qualify for U.S. citizenship but still wishes to visit the U.S. occasionally, he or she may want to abandon U.S. permanent resident status and apply for nonimmigrant visas to visit the U.S., such as for tourism. If obtaining nonimmigrant visas is difficult, such persons may want to consider applying for citizenship to a country on the U.S.’s Visa Waiver Program list, permitting travel to the U.S. for business or tourism for up to 90 days without a visa.
II. Conclusion.
Because the concept of abandonment of U.S. residency is quite complex and the possible consequences (loss of U.S. Legal Permanent Resident status) are drastic, it is highly advisable to consult with an experienced U.S. immigration lawyer if one may have difficulty maintaining U.S. permanent resident status.
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