Loss Of Green Card-Overstay Outside Of The US

 

At IMB Immigration Law, we provide immigration services for Green Card petitions and consular visa processing. Green card holders are also called Legal Permanent Residents (LPR). LPR’s have a residency obligation in the US under which they cannot remain outside of the US for more than a year unless they have sought advance permission to do so. Any LPR who returns to the United States from overseas trip may be questioned regarding his or her LPR status meaning whether he or she has abandoned or given up the LPR status.

A Green card holder presents the GC to the Customs and Border Protection (CBP) officer at the port of entry. GC is a primary requirement but may not be enough evidence that the LPR is “returning from a temporary visit abroad.”  Thus, the burden is on the returning LPR to establish that his or her visit abroad was intended to be “temporary” and that his or her actions have been consistent with that intention.

Re-Entering United States

In order to be readmitted to the United States, an LPR is required to show that he or she acquired LPR status in accordance with the immigration law, that he or she has lawfully retained that status and they have not abandoned their LPR status.

Usually, one can expect the following types of questions at the port of entry: 

1. LPR’s family ties, property holdings and job location? Stable job in the US?
2. Does the LPR have stable employment/business or home in the US?
3. Purpose of visit overseas: specific, short-term activity, rather than for employment or residence outside the United States of indefinite duration?
4. Time spent overseas?
5. Filing of Taxes: “resident” taxpayer in US? Or a non-resident tax payer?
6. Pattern of travel- Is the LPR spending some months in US every year and majority of time overseas consistently? An LPR returning only for brief annual visits on round-trip tickets both originating and terminating in a foreign country will likely face re-entry issues

CBP officer will review all or some of the above while making decision to allow re-entry.  If the officer is not satisfied and decides to deny entry, the LPR can be placed in removal proceedings if deemed to have abandoned permanent residence.

Documents- LPR Must Have

An LPR returning to the US must present either a re-entry permit or another valid entry document specified by regulation.  These include the following:

1. A valid, Green Card ( Permanent Resident Card) or unexpired Form I-551
2. A valid immigrant visa;
3. A Returning Resident Visa;
4. A valid, unexpired Form I-327, Permit to Re‑enter the United States (a “re‑entry permit”) or;
5. valid, unexpired Form I-517, Refugee Travel Document, duly endorsed

Re-Entry Permit

A re-entry permit is a passport‑style travel document issued by United States Citizenship and Immigration Services (“USCIS”).  It establishes that, at the time of an immigrant’s departure from the United States, no abandonment of LPR status was intended.  An LPR must apply for this permit before departing from the US. LPR has to state the length of his or her intended absence or absences and the reasons for them. In case of an urgency to travel, LPR may request the permit to be sent to the US consulate in the country where LPR will be living but this can only be done if the application is filed and biometrics done before departure from the US.

Re-entry permits are issued for duration of two years. If, however, an immigrant has been absent from the United States for more than four out of the five years preceding the re-entry permit application, the re-entry permit will be valid for only one year and any subsequent re-entry permits will be valid for only one year each. .

A re-entry permit cannot be extended by an LPR from outside the United States.  An immigrant must return to the United States and apply for a new re-entry permit before departing, since an applicant for a re-entry permit is required to be physically present in the United States until the application is “filed” with the USCIS service Center. Applicant should take into account both mailing time and the time it takes for NSC to accept the application and fee when determining when it is safe to depart the United States. 

A re-entry permit applicant must appear in-person at a USCIS Application Support Center in order for the applicant’s photographs and fingerprints to be captured electronically and the applicant’s identity to be verified.  This “biometrics” appointment will typically be scheduled some weeks or even months after an applicant submits the application, necessitating a second trip back to the U.S. in some cases. 

Meeting Residency Obligation

LPR’s must be aware of the residency obligation and reasons that can lead to a loss of Green Card. LPRs who must travel should make sure they have proper documentation to allow them to return to the United States.  Those who are contemplating repeated absences from the United States, or a single absence of long duration, should seek legal assistance. Because the income, estate, and other tax obligations of permanent residents can become quite complicated when they move abroad, both tax and immigration counsel should be sought before leaving the U.S. for a longer period. LPRs should be sure to file United States income tax returns each year that they earn income, whether or not from sources in the United States, so that their tax compliance documents their intention to maintain permanent resident status.

Contact IMB Immigration Law

If you have questions regarding loss of Green card, please contact IMB Immigration Law for a free evaluation at info@imbimmigrationlaw.com. The firm is headed by Ravneet Kaur Brar – one of the best immigration lawyers in India. She has years of valuable industry experience helping people immigrated to US, UK and Canada through a variety of programs. Take advantage of her knowledge, to fulfill your immigration dream to Canada and USA. Visit www.imbimmigrationlaw.com today!