Q: Will I be able to apply for a tourist visa after giving up my green card?
I got my green card through my US citizen spouse. I stayed in the US and held a part-time job for more than a year. What are the implications for future tourist visa applications if I give up my green card? I don't understand the possible tax implications of this as well.
A:
Giving up your green card (also known as abandoning your permanent resident status) can have implications for future tourist visa applications and potential tax obligations. Here's what you should consider:
1. Tourist Visa Applications:
When you apply for a tourist visa after giving up your green card, you may face increased scrutiny from the U.S. consular officer. They may question your intentions for visiting the U.S. and whether you plan to stay permanently, given your previous status as a permanent resident. It's essential to provide strong evidence of your ties to your home country and your intent to return after your visit.
2. Tax Implications:
If you have been a lawful permanent resident (green card holder) for 8 out of the last 15 years, you may be considered a "Long-Term Resident" (LTR) for tax purposes. When giving up your green card, if you meet the LTR criteria, you might be subject to an "exit tax" on your worldwide assets, similar to the expatriation tax for U.S. citizens renouncing their citizenship.
Additionally, if you have not stayed outside the U.S. for one year or more since obtaining your green card, you may be considered a U.S. tax resident for the year in which you abandon your green card. This means you may need to file a dual-status tax return for that year.
It's crucial to consult with an experienced immigration attorney and a tax professional specializing in international tax law before deciding to give up your green card. They can provide personalized advice based on your specific situation and help you understand the full implications of your decision.
Abandoning your green card is a significant decision that should be carefully considered. Make sure you fully understand the potential consequences and have a solid plan in place before proceeding.
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