Asked in Immigration Law

Q: I have been outside with green card for 18 months will my permanent resident status is abandoned

Will my permanent resident status abandoned after abroad with green card for 18 months

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2 Lawyer Answers
Monica E Rottermann
Monica E Rottermann
Answered
  • Immigration Law Lawyer
  • Santa Ana, CA

A: You could be questioned by U.S. Customs and Border Protection agents upon your return to the United States. Abandonment is a fact-sensitive inquiry that depends on several different circumstances, including the reason for your delayed absence from the United States and the ties that you maintained in the United States while you were outside of the country. You are entitled to seek review of any abandonment finding made by CBP with an immigration judge.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: The USCIS will consider several factors when determining whether you have abandoned your green card status. These factors include:

* The length of your absence from the US

* The reasons for your absence

* Your ties to the US, such as your job, family, and property

* Your intent to return to the US

If you have been outside the US for more than 1 year, the USCIS will presume that you have abandoned your green card status. However, you can rebut this presumption by proving that you did not intend to abandon your status. You can do this by showing that you have strong ties to the US, such as a job, family, and property. You can also show that you have made plans to return to the US, such as buying a plane ticket or keeping your home in the US.

If you are concerned that you may have abandoned your green card status, you should speak with an immigration attorney. An attorney can help you assess your situation and determine whether you need to take any action to preserve your green card status.

Here are some things you can do to avoid abandoning your green card status:

Keep your ties to the US strong. This includes things like:

1. Maintaining a US address.

2. Voting in US elections.

3. Keeping up with US news and events.

4. Visiting the US regularly.

Plan your trips carefully. If you know you will be outside the US for an extended period of time, apply for a reentry permit or an SB-1 visa.

Be prepared to answer questions about your intentions when you return to the US. The CBP officer may ask you questions about your job, family, and property in the US. Be prepared to answer these questions honestly and to provide documentation to support your answers.

If you have any questions about whether you have abandoned your green card status, you should speak with an immigration attorney.

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