Getting a green card is indicative of permanent legal resident status. It is granted to those who wish to stay in the United States for the long haul. However, the journey to getting a green card is challenging, and the process is lengthy. And once you have got your green card, there is a possibility of encountering situations where you could lose your LPR status. In this article, we will explore various ways you can lose a green card status.
On this page:
Overview
As a permanent resident of the United States holding a Green Card (permanent resident/LPR card) you must maintain your status in order to continue to be admitted to the United States as a permanent resident. You can find guidance on maintaining your permanent resident status (LPR status) on USCIS’s website.If you are unable to maintain your status because you reside permanently – or for long periods of time – outside the United States, you may wish to voluntarily abandon your LPR status and card. Voluntarily abandoning your LPR status may help avoid complications and delays at the U.S. port of entry when arriving as a non-immigrant visa holder.
How to return the “Green Card”
Starting July 1, 2019, individuals who wish to file the I-407 – Abandonment of Lawful Permanent Residency should send their I-407’s directly to the USCIS Eastern Forms Center in Williston, Vermont.The Form I-407 will no longer be accepted by international field offices.Individuals submitting the I-407 to the Eastern Forms Center must include their Permanent Resident Card (I-551 green card), if available, along with any other travel documents issued by USCIS. Individuals should not turn in identity documents that were not issued by USCIS. Additional filing information is available on www.uscis.gov/I-407
After returning the “Green Card”
Signing and submitting the I-407 form and card will formally communicate to the immigration authorities that you do not intend to return to the United States as a Legal Permanent Resident.When you give up your status and your card, you also give up the rights and benefits associated with that status. If at a later time you want to live, work or study in the United States, you will have to obtain the appropriate visa in order to do so. If you want to return to the United States as a permanent resident, you will have to re-apply for a new immigrant visa.
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Because it takes a lot of time and effort to get permanent residency (green card) in the United States and in many cases to even to qualify for it, green card abandonment is not a very popular subject.
Along with the many rights and benefits that you get with a green card, there are many responsibilities to keep and maintain a green card.
If you have been out of the United States for a long time, you might have already unintentionally given up your green card. Read these tips on how to retain a green card.
However, if you are still legally maintaining your green card, it is possible to legally abandon your green card. Depending upon the U.S. embassy or consulate region in which you are residing outside of the U.S., you may have to either visit them in person or send the documents by mail to abandon your greencard. If you have to visit in person, there may be appointments or you may be able to just walk in on any working day. During an appointment for a non-immigrant visa, you may be able to additionally abandon your greencard at the same time.
U.S. embassy and consulates in IndiaU.S. embassies and consulates worldwide
This simple procedure is to assure that you have accorded due process of the law and have voluntarily, willingly, and affirmatively abandoned lawful permanent resident status.
Documents
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Processing
After the Form I-407 is processed, a copy of the form will be given to you for your records. This copy is yours to retain and verifies that your Permanent Resident Card (green card) was returned.
Subsequently Entering the U.
Please note that abandoning a green card is an irreversible process. If you would like to apply for a green card again in the future, you would have to qualify again and have to start the entire process all over again as if you never had a green card in the past.
If you travel to the U.S. on a non-immigrant visa in the future (or on a Visa Waiver Program, if you qualify because of your country of citizenship), present your non-immigrant visa (or just your passport and ESTA if traveling on a Visa Waiver Program) and a copy of your I-407 the next time you enter the United States. This will minimize your risk of complications with the immigration officer at the port of entry concerning your immigrant versus non-immigrant status.
In the same boat
Originally posted by 1a1
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Hi, wondering if someone can clarify some things for me. I have a non-expiring green card issued in 1987 when I was quite young, but my family moved back to Canada in 1988, so I understand that I have, effectively, abandoned my status as a LPR. My status was never officially abandoned as my parents weren’t sure at the time if the move back was going to be permanent. Since then I have visited the States many times and I have never been asked about my green card or status. So I’m wondering what exactly is stopping me from looking for work once I’m in the country (also have a SSN)? To be clear I don’t currently have plans to enter the country under a false premise (that’s gotta be illegal I know), but since learning that I have my green card and SSN, I’ve been wondering about the feasibility of applying to jobs if/when I’m next in the states for a visit. Is there not legal grey area here or am I wrong??
WOW! Are you me?
I have pretty much the same exact story. Got green card in 1986, no expiry, moved back to Canada in 1989 or so. I had no idea up until 3 years ago or so that I even had a green card. I was visiting my family here in the US and my dad found it when he was going through old stuff. But I had already visited the US many a times before I knew I had the green card. No one’s ever asked me anything with regards to it or mentioned it in any shape way or form when coming to the US. I’ve even been finger printed twice I think and even then this was never brought up at the time or I might’ve done something about it there and then.
Anyway, so then I booked an in-person appointment with USICS (U-Pass it’s called, I think) to get more info about what my status was. The agent that I talked to was able to pull up all my information and was wondering why I still hadn’t applied for citizenship. I told him my whole story of how I haven’t been in the US for such a long time and didn’t even know I was a LPR. He said, ‘well, then, why don’t you apply for the new green card?’. I also asked him if I could work (I didn’t have a SSN at the time btw), he said yes, absolutely. According to him, I was a LPR.
I returned to Canada and visited the US consulate in my city and told them of my predicament to see if I could get some waiver or some form of entry. The person who I dealt with basically looked at my green card and told me that I don’t need anything else. He told me to return to the States and it should be fine.
So I crossed the border by land. I wasn’t asked any questions at all, not even the normal ones. Was basically asked where I was going and the CBP officer let me through. He didn’t ask me for my green card and I was too taken aback by the short interview to say anything and just drove through.
Once back, I went to the local SSA office and applied for my SSN, the agent who I dealt with flat out told me initially that he couldn’t pull up anyone with the information on my green card, I told him that’s simply not possible, he then wanted me to bring my Canadian birth certificate before he would do anything. So I drove back home, got my birth certificate and then somehow he was able to find me and 2 weeks later I had my SSN.
Then I applied for my driver’s license and was able to get that no problem as well.
I was also able to find a job. No issues ever with any of the USCIS background checks (I’ve switched jobs a couple of times since then).
I’ve been in the US for the past 3 years now and have had children born here. I’ve paid all my taxes, have a car, long term lease on a house and looking to buy a house now. I’ve never had any problems with doing any of that.
But I’m still not really sure what my status is. I’ve talked to a couple of people and consulted with a lawyer and they’ve told me to apply for the new green card and wait a bit before I apply for citizenship (5 years).
I looked up my I-94 history and it shows that I left the US about 3 years ago. There is no information about my entry to the US again that I’ve mentioned earlier in the post. My passport wasn’t stamped either.
Basically, i’m in the same exact boat as you except that, as far as I know, I’m residing in the US legally but I’m still not really sure what my status is (i.e. will it be considered as abandonment of status when I apply for citizenship?) and would I be able to re enter the US if I went to Canada for a visit right now, for example?
I’ll appreciate any advice as well on what should my next steps be. I’ve never had any criminal intent and wouldn’t want to do anything illegal but would just like some clarity and guidance.
Thanks!
P.S. I know it’s a long post but perhaps it makes things clearer for you OP and helps us both in getting insightful replies.
As a lawful permanent resident of the United States, your obligations for maintaining your immigration status are fairly simple. You need to notify USCIS within 10 days of moving and renew your green card every 10 years. International green card travel can introduce some new hazards.
Permanent residents are free to travel outside the United States, and temporary travel generally does not affect your permanent resident status. As the term “resident” suggests, your status comes with the expectation that you will live (make your home) in the U.S. If you spend too much time abroad, you could lose your right to a green card.
5 Tips for Permanent Residents Traveling Abroad
Before traveling outside the United States, it’s important to understand there are certain risks. Understand how your absence affects your U.S. immigration status and how to deal with problems as they arise. Here are five tips to understand before traveling abroad:
Keep Up with Basic Green Card Maintenance
Permanent residents may be denied re-entry to the United States if they don’t have valid, unexpired proof of status. It happens every day. When seeking to re-enter the United States after international green card travel, you will need to present a valid, unexpired green card at the port of entry. A U.S. Customs and Border Protection (CBP) officer will review your card and any other identity documents you present (e.g. passport, foreign national I.D. card, or U.S. driver’s license).
Unfortunately, many permanent residents forget or neglect to maintain their permanent resident cards. The simplest mistake is forgetting to renew a green card. Most green cards must be renewed every 10 years. If your green card needs to be renewed or replaced, use Form I-90, Application to Replace Permanent Resident Card. Plan early – the I-90 processing time can be lengthy to obtain a new card.
Some green cards do not expire. Because these cards were generally issued in the 1970’s, older cards can contribute to another problem. Dated photos or damaged cards can make the CBP officer’s job difficult. Remember, re-entry at the U.S. port of entry is at the CBP officer’s discretion. If the officer can’t read the card because it is distorted or the photo is so old that you can’t be recognized, there is the possibility of being denied entry. It is your responsibility to ensure the card is legible and accurate.
In the case that you are allowed to re-enter the U.S. with an expired green card (if travel was less than one year), the officer may require you to pay a reentry fee on top of the green card renewal fee. This can get very expensive. What’s more, it will create a significant delay and potentially other legal problems.
Understand Continuous Residence
As a permanent resident of the United States, you have the freedom to travel abroad. However, any trip longer than six months is presumed to disrupt your continuous residence requirement for the purposes of becoming a U.S. citizen. If you plan to naturalize as a U.S. citizen, Form N-400 (Application for Naturalization) requires you to document your international green card travel from the prior five years. Any absence from the United States that is six months or more in duration will create a problem.
If your green card travel creates an absence from the U.S. for one year or more, you will definitely disrupt your continuous residence. But there is even a bigger risk with long absences.
Avoid Abandonment of Permanent Resident Status
Traveling abroad as a permanent resident for a period of one year or more will disrupt continuous residence. (There are some exceptions to the residence requirements for certain people such as those working for the U.S. government.) More importantly, you are potentially risking abandonment of your permanent resident status.
Lengthy trips put you under greater scrutiny for abandonment. When re-entering the United States, a CBP officer will likely interview you. If the officer determines that you did not intend to make the U.S. your permanent home at any point, that officer may determine that you abandoned your permanent resident status. Absences of one year or more will put you under increased scrutiny. But abandonment may be found to occur in shorter trips if the officer believes there’s reason. Factors that may help you overcome this conclusion include evidence that you:
If you must make a trip abroad for a period of at least one year but no more than two years, it is highly recommended that you acquire a re-entry permit. In addition to serving as a valid entry document after long absences, re-entry permits provide evidence of your intent to return. You may apply for a re-entry permit by filing Form I-131, Application for Travel Document.
Navigating a Lost or Stolen Green Card While Abroad
In some cases you may have made all the proper arrangements but find that you don’t have a green card for re-entry. Each year, hundreds of travelers have their green cards lost or stolen.
If you’ve lost a green card outside the U.S., you’ll need to obtain a special boarding foil to board a transportation carrier and re-enter the United States. File Form I-131A, Application for Travel Document (Carrier Documentation), in-person at the nearest U.S. embassy or consulate. Upon returning to the U.S., you must replace your lost or stolen green card by using Form I-90.
Avoid the Hassles – Apply for U. Citizenship
One of the great benefits of U.S. citizenship is the ability to travel with a U.S. passport. What’s more, you won’t have to worry about green card travel or re-entry permits.
Re-Entry to the United States Denied
If you are ever denied re-entry by a CBP officer, you do not have to accept the officer’s decision as final. You have the right to present your case in Immigration Court. Only an Immigration Judge has the authority to make a final decision about whether you abandoned your status. If you find yourself in removal proceedings, contact an experienced immigration attorney immediately.
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on our immigration services
There are several ways that you can lose your status as a lawful permanent resident. One of the most common ways is through unintentional green card abandonment. Permanent residents may travel outside the United States. Vacation, family engagements, tourism, business are all legitimate reasons for temporary travel abroad. However, permanent residents who are absent from the United States for extended periods of time risk abandoning their permanent resident status.
In fact, the risk of green card abandonment is real for any permanent resident whose travel is not temporary in nature. Each year, many green card holders returning from trips abroad find themselves in jeopardy of losing their status because their trips are not clearly temporary in nature.
The Abandonment Problem
The problem typically surfaces when a permanent resident reaches a U.S. port of entry and is questioned by a Customs and Border Protection (CBP) officer. A green card becomes invalid for reentry if you’ve been outside the United States for one year or more. But even trips of 180 days or more can invite additional questions about the nature of your trip. The CBP officer may ask:
The CBP officer is trying to determine the reasons for the overseas trip and your intent to maintain the U.S. as the principal place of residence. If the officer believes you have abandoned your lawful permanent resident status, he or she may ask you to sign Form I-407, Record of Abandonment of Lawful Permanent Resident Status. If you want to keep your green card, refuse to sign this document and speak to an immigration attorney. Because you are not voluntarily giving up permanent residence, the CBP officer may refer you to Immigration Court for removal proceedings and a judge to determine if you have abandoned your green card.
RECOMMENDED: Employment or School Abroad as a Green Card Holder
Reentry Permit
One way to proactively avoid issues with green card abandonment is to apply for and obtain a reentry permit. Unlike a green card, which is valid for return after an absence of up to one year, the reentry permit is valid for up to two years. By obtaining the reentry before departing, this travel document helps demonstrate your intent to return to the United States.
A reentry permit can help you prevent green card abandonment in these three scenarios:
1You expect to be absent from the U.S. for over one year but less than two years.As previously mentioned, your green card is not valid for reentry after one year. A lawful permanent resident can use a reentry permit to reenter the U.S. after trips up to two years in length.
2You expect to be absent from the U.S. for at least 180 days (continuously) over a period of two straight years.When you spend more time outside the United States than inside it, you increase the suspicion of green card abandonment. The reentry permit provides a method of proactively explaining the reason for your anticipated and temporary absence.
3CBP officer has warned you that you are at risk of green card abandonment.On previous entries to the U.S. a CBP officer may have given you a verbal warning or notation near your passport stamp. For example, on the passport stamp to the right, the handwritten notation says, “Advised residency requirements.”
To apply for a reentry permit, you must file Form I-131, Application for Travel Document. You’ll need to be in the U.S. to file the application and attend a biometric appointment a few weeks later. Obtain the reentry permit before departing. The entire process make take approximately 4 to 6 months – so plan early. Some situations may qualify for expedited processing with USCIS. If preparing your I-131 application through CitizenPath, our filing instructions will explain how to requested expedited processing.
However, a reentry permit is not a “cure all.” It’s not a guarantee that you will be able to reenter the United States. It’s still necessary for you to prove to the CBP officer that you haven’t abandoned your green card. If your trip abroad was for the same temporary purpose described in your reentry permit application, then it’s likely the officer will conclude your absence was temporary and will readmit you. On the other hand, you could be at risk of abandoning your permanent residence if the officer determines that you have not maintained sufficiently strong ties with the United States.
RECOMMENDED: Reentry Permit for Permanent Residents
Maintaining Ties to the U.
The duration of your absence is just one factor that immigration officials use when determining if a trip was temporary. In addition to the duration of your trip, they will look at other aspects of your visit abroad that suggest your intentions. According to U.S. Citizenship and Immigration Services (USCIS), some of the other factors that can indicate that an absence was not temporary (regardless of duration of absence) include: moving to another country, intending to live in another country permanently, failure to file a U.S. income tax return, and declaring yourself a “nonimmigrant” on your U.S. tax returns. The CBP officer will consider the strength of your ties in the U.S. compared to your ties abroad. Examples of questions the officer may ask include:
Evidence of Ties to the United States
Your answers to an immigration officer’s question are important, but evidence is even more compelling for proving your continuous, uninterrupted intent to return to the United States.
Upon your return, be prepared to clearly explain the reason for your temporary trip. If the absence extended beyond 180 days due to unforeseen circumstances, it may continue to be a temporary trip so long as the intent was to always return to the United States. In fact, it must be your intent to return to your home in the U.S. throughout the entire trip. But an immigration officer doesn’t know what you’re thinking. So evidence that you’ve maintained strong ties to the United States carries more weight.
Some examples of evidence that may be used to help corroborate your continuous, uninterrupted intent to return to the U.S. include:
Absences of More Than One Year
As previously mentioned, a green card is not valid for reentry to the United States if your absence has been one year or longer. So if you did not obtain a reentry permit before departing the U.S., what can be done to avoid green card abandonment?
File the application with the U.S. embassy or consular office nearest you. The consular officer will grant the SB-1 visa if it’s determined that you departed the U.S. with the intent of returning to an unrelinquished U.S. residence, and your stay abroad was for reasons beyond your control. Strongly consider getting the assistance of an experienced immigration attorney before submitting this application.
Guidelines for Avoiding Green Card Abandonment
If possible, travel conservatively. Always keep trips abroad less than 180 days, spend the majority of your time inside the United States, and maintain strong ties to your U.S. home.
If your circumstances force you to be outside the United States for extended periods of time – especially if you have been warned by a CBP officer – seek advice from an immigration lawyer that can analyze your specific situation and recommend how to improve your ties to the United States.
U.S. citizens are not restricted by the same requirements as lawful permanent residents. As a result, citizens can enjoy longer periods of travel outside the United States without any scrutiny from immigration officials. Thus, naturalizing as a U.S. citizen is a common strategy to avoid green card abandonment.
When evaluating your application against the naturalization requirements, USCIS will analyze your continuous residence and absences over the previous five years. There will be a presumption that you’ve broken your continuous residence requirement for any absence from the U.S. of six months or more during the five years prior to filing Form N-400, Application for Naturalization. Absences of one year or more will always disrupt the continuous residence requirement. Unfortunately, a reentry permit does not protect your continuous residence requirement for the purposes of naturalization. If a permanent resident is absent from the United States for one year or more, he or she will disrupt the continuous residence requirement for naturalization even if he or she traveled with a valid reentry permit.
About CitizenPath
If you are abroad for 6 months or more per year, you risk “abandoning” your green card. This is especially true after multiple prolonged absences or after a prior warning by a CBP officer at the airport.
Introduction
There are many legitimate reasons a green card holder may need to live abroad temporarily, such as if you need to care for an ill family member, take a temporary job abroad, study abroad, or liquidate assets like a business or real estate abroad.
Still, CBP officers at the airport are allowed to question green card holders about whether they have given up (abandoned) their LPR status. The officer may ask questions such as:
CBP officers have access to computer records showing your prior entries and exits from the U.S.
If it appears you have abandoned your LPR status and you’re not willing to voluntarily give it up, the CBP officer may refer you to Immigration Court for a judge to determine whether you have lost your LPR status.
The most conservative strategy to avoid abandonment (and to meet the “continuous residence” requirement for for naturalization, if you wish) is to keep the U.S. as your main home by sleeping more nights in the U.S. than abroad.
But this may not be practical for everybody. If you’re going to have more extensive absences from the U.S., what you need is a plan that you can rely on to preserve your LPR status and eligibility for naturalization, if you wish. That plan may well include deepening and documenting your ties to the U.S., clarifying the evidence of the “temporary” purpose of your stay abroad, and maybe applying for a reentry permit. Our law firm has extensive experience assisting clients in drawing up plans and guiding LPRs to preserve their status. Feel free to schedule a consultation.
And if you have already run into serious problems–namely, you have already stayed abroad for over one year straight without obtaining a reentry permit or you have been issued a notice to appear in Immigration Court or warned by CBP, our firm can advise you about remedying the problem.
The Judicial Definition of “Temporary”
There are many myths about how long an LPR can stay abroad. The real rule is that an LPR who makes trips abroad that are not “temporary” loses that status. Unfortunately, there is no specific time limit for what “temporary” means. Here’s the most concise definition of temporary, from the U.S. Court of Appeals for the Ninth Circuit:
we hold that a permanent resident returns from a “temporary visit abroad” only when (a) the permanent resident’s visit is for “a period relatively short, fixed by some early event,” or (b) the permanent resident’s visit will terminate upon the occurrence of an event having a reasonable possibility of occurring within a relatively short period of time. If as in (b), the length of the visit is contingent upon the occurrence of an event and is not fixed in time and if the event does not occur within a relatively short period of time, the visit will be considered a “temporary visit abroad” only if the alien has a continuous, uninterrupted intention to return to the United States during the entirety of his visit.
Chavez-Ramirez v. INS, 792 F.2d 932 (9th Cir. 1986)
Since the judicial definition of “temporary” is nebulous, here are some guidelines for avoiding abandonment of LPR status:
Is There a “Return Every 6 Months” Rule”?
My point here is that being abroad for under 180 days can help avoid abandonment, but it is not enough–the trips abroad must still fall within the judicial definition of “temporary.” The clearest example is the “touchdown” situation: somebody who lives abroad but who briefly “touches down” in the U.S. once every 5 months for vacation. This person has abandoned LPR status so should not be readmitted as an LPR, despite keeping every trip abroad under 6 months.
Keeping a Valid Entry Document
To reenter the U.S. as an LPR, you need a valid entry documents. A green card (Form I-551, Permanent Resident Card) is not valid to reenter the U.S. if you have been abroad for 1 year straight or more.
You can plan ahead to avoid problems by applying for a reentry permit. As explained below, a reentry permit can allow you to be outside of the U.S. for 2 years straight.
Applying for A Reentry Permit
CBP stamps in LPRs’ passports warning that their status is at risk if they make non-temporary trips abroad. Left: “Advised residency requirements.” Right: “Out 5 months, 29 days.”
Unlike the green card, which is valid for return after an absence of up to one year, the reentry permit is valid for up to two years. This is still no guarantee that you will be able to reenter the U.S., however. The reason is that you also have to prove to the CBP officer in the airport you haven’t abandoned your LPR status. If you have in fact been abroad for the same temporary purpose described in your reentry permit application, then it will be presumed that your trip abroad was temporary and you can be readmitted. If, however, your stay abroad was for a different purpose, than you can be referred to a judge to determine whether you’ve abandoned your LPR status. Many LPRs have been aggressively questioned by CBP officers in the airport on this point.
The USCIS Form I-131, Application for Travel Document, used to apply for a reentry permit is deceptively simple. But many LPRs decide to hire an experienced American immigration attorney because the related procedures and planning required are complicated enough and the stakes are high enough that they want to minimize the risk of denial.
A few key points:
Proving Ties to the U. Outweigh Ties Abroad
If you’ve been abroad for a prolonged period, the CBP officer will recognize that period as “temporary” only if you’ve maintained a “continuous uninterrupted intention to return” to the U.S. during the entirety of your stay abroad. Since it’s hard for the officer to determine what’s been in your mind, the officer will consider the strength of your ties in the U.S. versus your ties abroad to see if the ties are strong enough to infer that you’ve planned throughout to return to the U.S. For example:
A Note on Taxes
It is very important that LPRs required by law to file U.S. income U.S. tax returns do so while abroad, even if they are not employed by U.S. companies, because failure to file returns may indicate abandonment. LPRs are normally required to file tax returns indicating worldwide income, not just U.S. income. Payment of back taxes later would be weak evidence of continued U.S. residence.
Filing as a Non-Resident
It is also very important that LPRs identify themselves as U.S. residents on tax returns and not as non-residents. If an individual files U.S. tax returns identifying himself or herself as a non-resident, abandonment of LPR status may be found based on this “voluntary admission” of non-residency.
Foreign-Earned Income Exclusion
Certain LPRs living abroad may qualify to exclude from taxable income up to $102,100 of foreign earnings for 2017. The foreign-earned income exclusion (FEIE) is claimed by filing a U.S. income tax return including Form 2555, Foreign Earned Income.
Claiming the FEIE may be a red flag for purposes of determining whether you have abandoned LPR status. In particular, filing under the “bona fide resident” prong may be particularly problematic because “bona fide residence” turns on factors including lack of definite intention as to length and nature of stay in foreign country. According to USCIS:
If the legal permanent resident declared himself or herself to be a bona fide resident of a foreign country on IRS Form 2555, that means the alien declared to the IRS that he or she went abroad for an indefinite or extended period. He or she intended to establish permanent quarters outside of the United States and he or she openly declared residence in a foreign country.
–USCIS Adjudicator’s Field Manual ch. 74 (g)(9)(B)
In contrast, filing under the “physical presence” test is not in itself problematic because it does not reflect the individual’s intent. Still, it confirms potentially negative facts, i.e., that you have been physically present abroad and have foreign-earned income.
In certain cases, an individual may choose to forego the “bona fide residence” FEIE and pay the tax in order to avoid a red flag indicating potential abandonment.
What Will Happen in the Airport if the CBP Officer Suspects Abandonment?
If you attempt to enter the U.S. when are vulnerable to a charge of abandonment, especially if you lack a valid entry document, you need to be prepared with supporting evidence and be ready to answer related questions. The burden is on you to show that you are clearly and beyond a doubt entitled to be admitted. A lawyer can help you prepare. For example, the attorney can help decide the best port of entry, based on factors such as where you live in the U.S., common CBP practices at the port, where you have entered in the past, and what location would be best if an Immigration Court hearing is required. A lawyer may also include prepare a detailed letter that you can provide to CBP with the facts and legal arguments in support of your case. Most importantly, the lawyer can help you prepare for what questions CBP may ask and how to answer in a way that’s truthful and helpful to your case. It may help to fly to the U.S. on a one-way ticket. While an attorney can help you prepare, you don’t have a right for an attorney to be present during inspection at the port of entry.
At a Foreign Airport
CBP’s Office of International Affairs operates an Immigration Advisory Program (IAP) at a number of foreign airports with the mission of intercepting travelers who seek to board flights to the U.S. but are ineligible for admission. CBP officers make “no board” recommendations to airlines and foreign governments, sometimes based on interviews with travelers and baggage searches. This program is in place at airports in
At the port of entry, CBP could inspect you just briefly after you wait in line, or CBP could take you to a separate office for detailed questioning (called “secondary inspection”). Then CBP would take one of several actions:
Keep in Mind the Separate Requirements for Naturalization
Keeping your LPR status and preserving eligibility to become a naturalized U.S. citizen are two very different things with different requirements. The residence-related requirements for naturalization include (but are not limited to):
Who has been reading this article? It is cited by the Immigration and Refugee Board of Canada in a report titled United States: Loss of Permanent Resident Status (Dec. 2, 2016).
Losing Permanent Resident Status by Becoming a Citizen
Losing permanent resident status to become a naturalized US citizen is possibly the only positive outcome on this list. Once you become a naturalized US citizen, you’re protected from deportation, making your life in the United States of America stable and legal. However, it must be noted that once you receive your citizenship, you are legally obligated to live under the laws of the land. Permanent residents who have stayed in the US for a minimum period of five years are eligible to file Form N-400, application for naturalization.
Losing Your Green Card Due to Deportation
Any of the above reasons can lead to deportation and you could end up losing your green card status. The best way to avoid deportation is to stay in the good books of American law and seek legal counsel for all immigration-related matters.
Read More
Here are certain situations that can trigger deportation and loss of green card status.
Reside Outside of the US
Failure to convince officials of your intentions can lead to deportation proceedings. Also, failing to submit income tax with the IRS while residing outside the United States can trigger the cancellation process.
How to Avoid
This is common, as many people unintentionally trigger their green card revocation when going back to their home country. However, this can be easily avoided. Permanent residents planning to leave the country for a significant amount of time should obtain a re-entry permit before departure. This permit is valid for 24 months or two years.
Certain exemptions exist for people like US government personnel and their families who have LPR status but live outside the United States on foreign postings and commissions. Exceptions are also made for permanent residents who have ‘commuted status,’ who hold green cards and work in the US but live across Canada or Mexico.
Voluntary Surrender of Your Green Card
The voluntary process to surrender the green card is initiated with Form I-407. The most common reason for filling the form I-407 is to avoid paying taxes in the United States. If you plan to fill this form, we suggest consulting an immigration attorney or income tax professional for professional and legal advice.
Fraud and/or Willful Misrepresentation
Fraud or wilful misinterpretation can occur when individuals use illegal means to obtain immigration benefits and US naturalization. Evidence of potential fraud can lead to termination of green card status and immediate deportation. The two most common types of fraud reported by immigration officials include:
Marriage Fraud
Marriage fraud has been a long-time strategy to obtain a green card. It can come in many forms
Non-immigrant Visa Fraud
Foreign nationals who apply for a non-immigrant visa are required to show a plan and intent for leaving.
Being Convicted of a Crime
If you are caught committing different crimes or using and selling illegal substances, you will likely be deported back to your country of origin and lose your green card status. In such cases, it is essential to consult with an attorney.
Failure to Remove Conditions on Residence
Residents who fail to remove conditions of residence are liable to be deported upon the expiration of their two-year green card. This holds for foreign nationals who have obtained their residence through marriage. Upon marriage to a US citizen, spouses receive a 2-year conditional green card. For permanent residency, the person must file a petition to remove the conditionality. This document must be filed within 90 days of receiving the conditional green card, or else the card expires. This conditional card cannot be renewed.
6 Ways To Get Deported As A Green Card Holder
You could lose your green card due to deportation. Here are a few ways in which this can happen:
Vote as a Supposed US Citizen
US citizens are granted rights and benefits that are not extended to LPRs. This includes the right to vote and the ability to participate in the justice system as a jury. If a legal permanent resident misinterprets their status and casts their vote illegally, they risk losing their green card status.
Also, when registering for a driver’s license, green card holders need to check the registration forms correctly. Driver’s license forms do not distinguish between US citizenship and LPR, leading to confusion with voter registration. If your voter’s id recognizes you as an LPR, you are liable to be deported.
Failure to Complete a Timely Change of Address Form
Whenever you change your address, you must inform US citizenship and Immigration Services within ten days of the change. The best way to do this is by filling out the AR-11 form, change of address to the Department of Homeland security. Make sure to keep a copy of the filled-out form with yourself for additional documentation and evidence. The form can be found on the USCIS website, free of charge. The form can also be submitted online.
Abandonment of Permanent Residence
Once you have acquired your green card, you are bound to establish residence and live in the country. The USCIS conducts routine checks for all LPRs, asking for proof of permanent residence in the United States of America. Having this documentation is vital for your citizenship application or re-entry permits to the US after a long trip abroad.
Here are some ways you can prove permanent residency in the USA:
Failure to Establish a Permanent Residence
If you fail to establish a stable life and residence in the US, it serves as the ground for immigration officials to initiate deportation proceedings and to revoke green card status. Although the green card aims to allow people to settle down in America, failure to do so goes against the conditions set by the green card status, leading to termination.
Committing a Crime
Committing any fraud can lead to disqualification and termination of your green card status or application. This includes marriage fraud, VISA fraud, or any other scam related to immigration.
Conclusion
This article is by no means exhaustive, and neither is it a replacement for professional legal advice. If you risk losing your green card, we strongly advise you to take legal counsel from a trained immigration lawyer.
Frank Gogol
I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.