Is It Possible to Abandon or Lose Your Permanent Resident Status?

There are circumstances under which you can lose your permanent resident status. One of these circumstances is related to conditional permanent resident status, which is typically based on marriage or a qualifying investment. If, for example, U.S. Citizenship and Immigration Services (USCIS) later discovers that a marriage was fraudulent, they have the right to terminate your conditional permanent resident status.

 

Permanent Resident Status

If you are placed in deportation proceedings and an immigration court judge issues a final order of removal for you, then you also will lose your permanent resident status. For instance, if you are convicted of an aggravated felony or a crime of moral turpitude, you may be placed in removal proceedings. If the judge orders you removed following a hearing, then you are subject to losing your immigration status.

You also can intentionally abandon your permanent resident status in some cases. This might occur in the following circumstances:

·         You move to another country and intend to reside there permanently.

·         You remain outside of the U.S. for an extended period of time, unless you intend your absence to be temporary, as shown by:

o   The reason for your trip

o   How long you intend to be absent from the U.S.

o   Other circumstances related to your absence

o   Events that may have prolonged your absence (health problems, deaths, etc.)

o   Obtaining a reentry permit from USCIS before leaving (good for up to two years)

o   Obtaining SB-1 returning resident visa from a U.S. consulate while abroad

·         Failing to file income tax returns while living outside of the U.S. for any reason

·         Declaring yourself a nonimmigrant on your U.S. income tax returns

·         Choose to abandon your status and voluntarily surrender your green card for any reason

The Peek & Toland immigration lawyers are here to assist you with all of your immigration needs. Trust us to represent your interests and advise you of the best course of action in your situation. Set up an appointment to talk to us today and discover how we can assist you with your immigration case.

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