THE ABC'S OF IMMIGRATION - PRESERVING GREEN CARD STATUS DURING TRIPS ABROAD

from www.visalaw.com
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It is an all too common situation – after years of bureaucratic
entanglements, a person finally obtains lawful permanent residence in the
US, only to find they still have business or family concerns that will keep
them out of the US for an extended period of time.  Often, the lawful
permanent resident (LPR) will try to reenter the US, only to have an INS or
consular official tell them they have abandoned their permanent residence
status.  While an extended absence alone is not grounds for revoking
permanent residence, it is one factor the INS considers very important.
Therefore, when planning an extended trip abroad, it is necessary to plan
ahead to avoid abandonment.

Among the many factors that influence the decision on abandonment are the
length and reason for the absence, and the number and type of connections
the LPR maintains in the US.  There are many steps a LPR can take to
demonstrate their intent to maintain their status in the US.

A commonly held but mistaken assumption is that a visit every year to the US
will preserve LPR status.  While an LPR needs only the green card to reenter
the US after an absence of less than one year, this is not enough to
indicate the intent to remain a resident of the US.  The LPR must take
additional action to preserve their status.

One of the most important factors in preserving permanent residence is to
continue filing tax returns in the US.  Because of international tax laws,
there will often be no tax owed to the US government, but failure to file a
return is almost always considered a sign that LPR status has been
abandoned.  The LPR should also maintain a bank account and credit cards in
the US.  These accounts should be as active as possible.  For example, if
the LPR is employed abroad, the salary should be deposited in the US
account.  The LPR should also continue to renew their US driver’s license.
If possible the LPR should purchase property in the US.

If the LPR’s absence is due to employment, a letter from the employer
detailing the terms and length of employment is very important.  If the
absence is for family or personal reasons, these should be well documented.
While such reasons are acceptable, the ease with which they can be
manipulated means they should be very well documented.

Of course, the LPR can also obtain a reentry permit if the absence is to be
greater than one year (after absences of less than one year, the green card
is sufficient for reentry).  However, many of these same factors are
involved in the decision of whether to issue such a permit, and even with a
reentry permit the LPR can still be deemed to have abandoned status.

It is important that the LPR traveling abroad for an extended period is
prepared to document their intent to remain a US resident if questioned by
immigration or consular officials.  One of the best ways to do this is carry
copies of relevant documents in a single location that can easily be
presented to officials.  Among these documents should be copies of past tax
returns, deeds showing property ownership, records of bank account activity,
relevant letters from employers, and letters explaining the purpose of the
extended absence.

One final note – Congress did change the law a few years ago to hold that
permanent residents who leave the US for more than six months can be held
inadmissible if there is something in their background now that would have
barred them from getting a green card had it been true at the earlier date.
For example, if one cannot meet the public charge requirements or has gotten
a communicable disease, then they could face problems reentering. For most,
this will probably not be a major concern.


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