If you have received your green card – Lawful Permanent Residency (LPR) to live in the United States – there are things that can cause you to accidentally lose your permanent lawful residency status. The abandonment of a green card may arise when someone attempts to enter the U.S. after residing outside of the country for more than six months since becoming a permanent resident.
Extended overseas travel or a long vacation can be considered “abandonment” of your green card and result in removal proceedings.
Being charged with abandonment of a green card may occur when someone attempts to re-enter the U.S. after residing outside of the country for more than six months after they became a permanent resident. According to the U.S. Customs and Border Protection, permanent residents who have resided outside the U.S. for longer than 180 days may find themselves at risk of getting charged with abandonment and have their green cards confiscated at a U.S. point of entry.
• You can receive a notice to appear for a hearing on the issue of abandonment, which may also result in the confiscation of a green card.
• An officer can ask you to sign an I-407 form, which declares that you are abandoning your legal permanent residency status, it means they are voluntarily giving up your green card. Do not sign an I-407 form without speaking to an experienced immigration attorney.
A green card holder who travels outside of the United States for a long period of time must be able to show documented evidence that they have continuous ties with the United States:
• owns property in the United States
• is currently employed in the U.S.
• has no intent of making another country a permanent residence
If you are charged with green card abandonment and face removal proceedings and deportation, a skilled Lombard green card lawyer can help fight for your constitutional rights. To learn more, contact an attorney today to set up a consultation.
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.