Abandonment of Lawful Permanent Resident Status

[K&E2009 71]

Hello all,

Can't believe I'm back. But you never know what life will bring I suppose...

I am a current Green Card Holder (US Permanent Resident), and Irish citizen.

From 2012-2015 I lived and worked in the US, legally (entered on a K-1 fiancée visa, conditional perm resident, perm resident).

I had a conditional green card (through marriage), which in turn became a 10-year green card.

Due to work commitments I returned to Ireland in August 2015.

My wife (US Citizen) also resides here.

My question/concern is; I never want to jeopardize my chances of returning to live and work in the US with my wife. However, I'm not sure when/if this will happen due to my current work commitments.

I have read that if I do not take action to notify the relevant authorities that I no longer reside in the US, my Green Card will be revoked and I will never be able to get one again.

This seems EXTREME.

Is this correct?

What actions can I take to ensure this does not happen?

Any advice appreciated!

[Dashinka 23,245]

I would research re-entry permit (I131) which I understand is used for LPRs that will be out of the country for up to a year.

Good Luck!

[aleful 1,905]

hi

never is extreme, but you will technically lose your GC if you don't live in the US for over a year

the GC is for living in the US, you can abandon your GC and I imagine that your wife is a USC, right?

she can petition you again once you are ready to return to the US to permanently live here

[aleful 1,905]

I would research re-entry permit (I131) which I understand is used for LPRs that will be out of the country for up to a year.

Good Luck!

hi

they are already living and working abroad, he would have to be in the US to file for the reentry permit, since he has to take the biometrics, meaning fingerprints and that takes weeks. he could have filed for that before he left, unless they return to the US for a while

It would be good up to 2 years out of the country

[K&E2009 71]

Thanks for the responses guys!

Yes. She is a USC. Resides here in Ireland with me.

[Penguin_ie 5,986]

****** Moving from K1 to Travelling During US Immigration *******

Abandoning a greencard will not preclude you from getting another, but your wife would need to petition you for a IR-1 spousal visa, pay the fee, wait the year or so to get it....

[Dohan 133]

does any of the below apply to you?

xception to Disruption - Working for a U.S. Employer Abroad

One of the exceptions to the disruption of residency for naturalization is when a resident works for a U.S. employer abroad. If you already have more than 1 year of physical presence after receiving your residency status, and you want to work abroad for a U.S. company you may be allowed to file a Form N-470 to prevent your disruption of residency. You must show the U.S. company is engaged in the development of foreign trade and commerce, See INA § 316(b) – ©. In order to qualify for the exception as an employee of a private U.S. employer, you will need to show either:

• Your employer is a subsidiary of a U.S. company, where more than 50% of stock is owned by the U.S. company, or,
• Your employer is a publicly held corporation that is incorporated in the U.S. and trades stock exclusively on U.S. exchanges, or,
• Your employer does not trade exclusively on the U.S. stock market, but 51% of ownership is U.S.

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[newacct 688]

does any of the below apply to you?

xception to Disruption - Working for a U.S. Employer Abroad

One of the exceptions to the disruption of residency for naturalization is when a resident works for a U.S. employer abroad. If you already have more than 1 year of physical presence after receiving your residency status, and you want to work abroad for a U.S. company you may be allowed to file a Form N-470 to prevent your disruption of residency. You must show the U.S. company is engaged in the development of foreign trade and commerce, See INA § 316(b) – ©. In order to qualify for the exception as an employee of a private U.S. employer, you will need to show either:

• Your employer is a subsidiary of a U.S. company, where more than 50% of stock is owned by the U.S. company, or,
• Your employer is a publicly held corporation that is incorporated in the U.S. and trades stock exclusively on U.S. exchanges, or,
• Your employer does not trade exclusively on the U.S. stock market, but 51% of ownership is U.S.

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This is about preserving "continuous residence" for naturalization purposes. It has nothing to do with maintaining permanent residency.

[Dohan 133]

obviously if it applies to continuous residence for naturalization purposes, this also can be used to keep your permanent residency going even if you are working abroad for a US employer. Not everything is black and white.

[newacct 688]

I would research re-entry permit (I131) which I understand is used for LPRs that will be out of the country for up to a year.

Good Luck!

A green card is valid for entry for absences of up to a year. A re-entry permit is valid for entry any time during the validity period of the re-entry permit, which is usually 2 years. However, having a document that allows you to enter does not mean you will not be found to have abandoned permanent residence. That depends on the totality of your actions and whether you maintained a residence in the US.

Edited February 12, 2016 by newacct

[Boiler 43,434]

OP has mentioned nothing that suggest he has retained his US residency status. Quite possible to lose it in a day.

You fill in the I 407, and there is nothing to stop you being petitioned again, I can think of several people who have done this.

[K&E2009 71]

OP has mentioned nothing that suggest he has retained his US residency status. Quite possible to lose it in a day.

You fill in the I 407, and there is nothing to stop you being petitioned again, I can think of several people who have done this.

Is that form mandatory?

What are the consequences if I don't complete that form??

[Boiler 43,434]

If you wish to relinquish your PR status it is.

[newacct 688]

Is that form mandatory?

What are the consequences if I don't complete that form??

If you don't complete that form, you are still considered a resident for US tax purposes, which means your worldwide income is subject to US taxes.

[Boiler 43,434]

There are other issues that can apply but depends on your situation, basically the same as if you were in the US.