Abandoning Permanent Residence

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently
  • Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
  • Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
  • Fail to file income tax returns while living outside of the United States for any period
  • Declare yourself a “nonimmigrant” on your tax returns

The green card holder who returns to the U.S. after a temporary departure is not seeking new admission unless he:

  • Has abandoned or relinquished legal permanent residence status
  • Has been absent from the US for a continuous period of over 180 days
  • Has engaged in illegal activity after departing the US
  • Departs during removal proceedings
  • Committed an offense making him inadmissible under 212(a)
  • Is attempting to enter at a place other than a point of entry; or
  • Has entered without inspection. INA 101(a)(13)(C).