US Publishes 3 Ways Green Card Holders Can Lose Their Permanent Resident Status
- The US immigration authority has outlined specific actions that could cause a Green Card holder to lose their permanent resident status
- One of the ways a permanent resident can abandon their status includes declaring themselves a nonimmigrant on US tax returns
- Green Card holders who remain outside the United States for an extended period of time may also be at risk of losing their status
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Green Card holders in the United States risk losing their permanent resident status in several ways, and the US Citizenship and Immigration Services has outlined the key actions that could trigger that loss.
According to the USCIS, a lawful permanent resident can either have their status taken away or choose to give it up entirely. The agency specifically highlights a category known as intentional abandonment, where a Green Card holder's own decisions or actions lead to the forfeiture of their residency.
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Ways a Green Card Holder Can Lose Status
The USCIS lists the following as actions that may constitute an intentional abandonment of permanent resident status:
1. Relocating to another country with the intention of settling there permanently is one of the clearest grounds for abandonment.
2. Filing US tax returns in which the individual identifies themselves as a nonimmigrant is another action that can put permanent residency at risk.
3. Spending an extended period outside the United States can also result in the loss of status. However, the USCIS notes that prolonged absence does not automatically mean abandonment. Officers will consider the reason for the trip, how long the individual had originally planned to be away, the circumstances surrounding the absence, and any events that may have caused the stay abroad to extend beyond what was intended.
To protect their status ahead of a long trip, permanent residents can apply for a re-entry permit from the USCIS before departing. Those already abroad can apply for a returning resident visa, known as an SB-1, from a US consulate. Either document can serve as evidence that the absence was always meant to be temporary.
Read also
US publishes rule for foreigners with 2-year Green Cards, shares deadline to keep residency
What Happens After Status Is Lost
When a permanent resident loses their Green Card status, the matter does not remain solely within the immigration system.
Under Internal Revenue Code section 6039G(d)(3), the Department of Homeland Security is required to notify the Internal Revenue Service whenever someone loses permanent resident status, whether through a removal order or through a voluntary decision to surrender their Green Card.
This means that losing Green Card status carries potential tax implications in addition to the immigration consequences, making it important for permanent residents to understand what actions could put their status at risk before making decisions about where they live, travel, or how they file their taxes.
US announces eligibility for Green Card application
Meanwhile, Legit.ng previously reported that the United States government published a list of eight categories of people who qualify to apply for a permanent resident card, commonly known as a Green Card.
Eligibility ranges from family ties to US citizenship and employment in specialised fields to refugee or asylum status and victims of abuse.
Source: Legit.ng
