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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.