There are 5 Ways to lose permanent resident status
Losing permanent resident status is commonly caused by 1 of 5 reasons. It’s granted to individuals who intend to stay with inside the United States for the foreseeable future. Permanent residents, additionally called green card holders, have the privilege of residing and working within the United States permanently. However, there are actions you can perform to lose permanent resident status. Certain moves can cause removal (deportation) complaints and the capacity to maintain this coveted immigration status.
The article discusses the fundamental approaches that you may cause you to lose satus as a permanent resident, however it isn’t an exhaustive list. Only a lawful permanenet resident who becomes naturalized by passing the US citizenship test is secure from the maximum penalty of those grounds and removal.
You can lose your green card that you have earned through hard work, legalimmigration or marriage.
You may wonder if you could lose your residency status permanently if you perform or experience some of these actions.
Table of Contents
Number 01: Living outside of the United States of America.
Generally, spending more than 12 months outside the United States will result in the loss of permanent resident status. In fact, even shorter absences can trigger quitting. If, upon your return, the Customs and Border Protection (CBP) officer determines that you intended to live outside the United States, they may initiate removal proceedings against you. Additionally, failure to file a tax return with the IRS while living outside the United States may trigger the withdrawal. Many people involuntarily give up green card status each year when they return to their home country. They may need to care for a sick family member, go to school, or even meet their own medical needs. Without proper preparation and planning, this leads to the most common way to lose permanent resident status.
Prevention
There are exceptions, Permanent residents who obtain a reentry permit prior to departure can generally extend their absence up to 24 months. Additionally, U.S government personnel (army and direct-hire civil service employees), their spouses and minor children who hold permanent resident status may also stay out of the United States if at some point of an reliable distant project keeps them out of the US they can be granted a 4 months without dropping their resident status. There is likewise an exception for permanent residents in commuter positions, card holders who reside in the US. and constantly travel through a border in Canada or Mexico.
Visa Reacquisition
An immigrant who has lost permanent resident status and wants to return to the United States as an immigrant must obtain a new immigration visa. In most cases, this means that the intended immigrant must reapply. A relative of US (spouse, parent, child, or sibling) can file an form I-130 immigrant application. Therefore, the intended immigrant applies through consular processing once USCIS approves the visa application and a visa is immediately available. In some cases, the former permanent resident may apply for a return residence visa. application for return of residency status requires proof of the applicant’s continued and unbroken ties to the United States, that the stay outside the United States was actually beyond the applicant’s control, and that the applicant’s intent was to always return to the United States. Consist of continued compliance with US. tax laws, ownership of US. property and assets, and maintenance of the Unlicensed and subscriptions. Having your family, attending school abroad, or declaring an intention to return is usually insufficient. It is best to seek the assistance of an immigration attorney when applying for a return residency visa.
Number 02: Voluntary Return of Green Card.
If you have previously submitted Form I-407, you have voluntarily relinquished your status as a lawful permanent resident of the United States. Each year, several thousand people submit Form I-407, a record of abandonment of lawful permanent resident status. The most common reason people submit Form I-407 is to evade the obligation to pay your taxes. long term of their actions. There are other former American immigrants who simply decide to leave the United States permanently. In some cases, CBP officers may ask certain people to sign Form I-407. If you have lived outside the United States (as discussed in the previous section) and the CBP officer thinks you have given up your US. Residence, you generally have the right to defend yourself in removal proceedings. The officer may ask you to sign Form I-407 so that you waive this opportunity to defend yourself and voluntarily deport yourself. If your intention is to continue your permanent residence, do not sign I-407 and contact an immigration attorney.
Number 03: Fraud and intentional deception.
Fraud is generally committed when an individual lies to obtain immigration benefits of some kind. However, any statements or representations of facts that are not entirely true can create significant immigration issues and potentially result in the loss of permanent resident status. Fraud can occur during the preparation of an application, presentation of evidence, interviews and any exchange of information with immigration officials. They may arise in connection with immigration benefits other than permanent residence. For example, extended stay for non-immigrants, change of status, employment authorization, and parole are all immigration benefits that USCIS evaluates for potential fraud.
Two of the most common ways to lose permanent resident status are marriage fraud and visa fraud. paths to a green card. Therefore, dishonest people use it as a vehicle to fraudulently obtain permanent residence. Marriage fraud comes in many different forms USCIS has identified the following types of marriage fraud:
- Someone pays a US Citizen to marry a foreign citizen
- U.S citizen marries a foreigner as a favor
- A foreign citizen scams a US citizenship test green card who believes their marriage is legitimate
- Mail-order marriages (in which the US Citizen or l foreigner knows the marriage is fraudulent)
- Visa lottery fraudulent marriages
Non-immigrant Visa Fraud
Most foreign nationals applying for a U.S non-immigrant visa must demonstrate that they intend to return home upon completion of the scheduled program or activity. This standard, known as non-immigration intent, requires the individual to have a residence abroad that they have no intention of leaving. The US. Department of State. uses a 90-day rule to assess cases in which the non-immigrant attempts to change status or make permanent resident status. The 90-day rule is a kind of guideline that there is a presumption of fraud if a person violates their non-immigrant status or engages in conduct inconsistent with that status within 90 days of entering. For example, entering the United States on a B2 visa with the preconceived intention of getting married and submitting Form I-485 to change status would violate the terms of the visa.
Number 04: Criminal Convictions.
Not all crook convictions will purpose a man or woman to lose permanent resident status. There are positive varieties of criminal offenses (usually violent crimes) which can be much more likely to place an permanent resident into elimination proceedings.
It’s not possible to create a unique listing of crimes with a reason to bring about deportation. Only a skilled immigration legal professional can examine a particular state of affairs and offer an opinion. Very generally, officers might also additionally reject someone for residence if he or she:
- Is convicted of a crime of moral turpitude committed within five years from the date of admission to the U.S (or ten years if the person received the green card as a criminal informant) and is liable to a sentence of at least one year;
- Have been convicted of two or more offenses of moral turpitude at any time after admission to the U.S where the two offenses did not result from a single pattern of misconduct;
- Was convicted of an aggravated offense at any time after admission to U.S
Number 05: Non-removal of residency requirements Conditional.
Residents who fail to remove residency requirements are generally revocable when their two-year green card expires. Some foreign investors or spouses who obtained residency through marriage may have received a conditional two-year US citizenship test green card. In order to remain a permanent resident, the conditional permanent resident must request the removal of the conditions. He or she must submit within 90 days before the card expires. The conditional card cannot be renewed.
Want to sign up for our weekly newsletter covering all things immigration?
You may also know this
