Although you have the right to live permanently in the United States, and enjoy substantially more rights than an immigrant with a temporary visa, you are still considered an alien and must take preventative measures to maintain your status. How Can I Lose My Status? Generally you can lose your permanent resident status through abandonment or removal: - Abandonment - A permanent resident can lose their status through abandonment, either intentionally or unintentionally. You may be found to have abandoned your status if you:
- Move to another country with the intent to live there permanently
- Remain outside the United States for more than one year without obtaining a
- re-entry permit; or
- returning resident visa
- Remain outside the United States for more than two years after you were issued a reentry permit without obtaining a returning resident visa
- Fail to file income tax returns while living outside the United States
- Declare yourself a non-immigrant on your tax documents
- Removal - A permanent resident can lose their status through removal, otherwise known as deportation. You can be deported if you:
- Are found to have committed fraud when obtaining your green card
- Convicted of a crime involving narcotics, murder, or money laundering
How Do Immigration Authorities Determine the Intent to Abandon? The intent to abandon is determined by the alien's reason for leaving the United States and the expectation that the trip would end shortly. Do I Need a Lawyer? An attorney specializing in immigration law can help you maintain your U.S. permanent residence. If you face the loss of your permanent residency, a lawyer can discuss your rights and remedies. |
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