How to keep from abandoning LPR status

Angelica Rice • October 20, 2022
      You waited months, maybe even years, and you finally have your Green Card and are a Lawful Permanent Resident of the United States, yay!

     Now you want to visit family abroad, and then COVID happened, and then your mom got sick, and after all that you just needed a relaxing vacation on a beach in Portugal, and what was supposed to be a 2-week trip turned into an 8-month sojourn. Are you in danger of the US border patrol officers thinking you abandoned your Lawful Permanent Resident (LPR) status? If so, what do you do? How can you spend an extended period outside the United States, without abandoning your status? Keep reading to find out.


     There is no fixed period of time that will trigger abandonment, but LPRs are treated as seeking re-admission if they have been absent from the United States for a continuous period of longer than 180 days. INA § 101(a)(13)(C)(ii). Although an LPR returning from a visit of more than 180 days is subject to the grounds of inadmissibility and can be questioned as to potential abandonment of residency, this usually only comes up when the LPR has been gone for more than one year.

     When an LPR has been abroad continuously for more than one year, the presumption is that abandonment has occurred. 8 CFR § 211.1(a)(2). But this can be overcome by the LPR’s evidencing that he or she has maintained sufficient ties to the United States and never intended to abandon residency. If you find that you have been outside the United States for more than one (1) year, it is recommended that you apply for a reentry permit. A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance. To obtain a reentry permit, file Form I-131, Application for Travel Document. If possible, you should file this application well in advance of your planned trip. Additionally, you cannot file a Form I-131 to obtain a reentry permit unless you are physically present in the United States when you file the form. You must also have your biometrics taken before you leave the United States; biometrics cannot be done outside the country. However, if you file the I-131 and complete your biometrics, you can leave the US while the I-131 is pending and if/when approved, the travel document can be sent to a US embassy overseas for you to pick up in the foreign country. You do not need a reentry permit if you will be outside the US for less than 1 year.


    If you do not have a reentry permit to reenter the United States after an extended period away, you may be able to argue that you did not abandon your status and present evidence to support your argument, to the border patrol officer at the US port of entry. Evidence to support that you have maintained your status during your time away include but is not limited to, proof of medical incapacitation; death of a family member; mortgage payments on a US home; employment with a U.S. company abroad; a driver's license issued within the past year and reflecting the same address as that recorded on the Form I-94, Arrival and Departure Record; the name and address of the U.S. employer and evidence that a salary has been paid within a reasonable period of time; evidence of children’s enrollment in a U.S. school; evidence that the extended visit abroad was caused by unforeseen circumstances; evidence of a predetermined travel termination date, such as graduation or employment contract expiration; evidence of having filed U.S. income tax return(s) for the past year(s); and evidence of property ownership, whether real or personal, in the United States. 9 FAM 42.22 N. 1.3.


      If you are uncertain whether you have abandoned your LPR status or want advice about extended trips outside the United States, please contact one of our highly experienced immigration attorneys today!

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

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