An LPR Who Has Been Outside of the US For Six Months or More The large portion of the information on this page came from https://myattorneyusa.com/immigration-blog/immigration-to-the-usa/case-law-on-the-abandonment-of-permanent-resident-status/ which is one of the best immigration attorney blogs on the web. You can find more information about maintaining resident status on the Department of State website at https://jp.usembassy.gov/visas/immigrant-visas/green-card/maintaining-permanent-resident-status/. Abandonment of Residency Legal Permanent Residents (LPR’s) are treated as seeking re-admission if they have been absent from the United States for a continuous period of longer than 180 days. INA § 101(a)(13)(C)(ii). Although an LPR returning from a visit of more than 180 days is subject to the grounds of inadmissibility and can be questioned as to potential abandonment of residency, this usually only comes up when the LPR has been gone for more than one year. Abandonment of LPR status is determined by a number of factors, however, and the length of the absence is only one of them. The factors that the agency will consider include the following: the LPR’s intent when leaving the country; any employment abroad; U.S. business affiliations; ownership of residence or property holdings in the United States; payment of U.S. taxes; length of time in the United States; community ties developed before the departure; maintenance of a bank account, club memberships, or other social ties within this country; and U.S. residence of other immediate family members during this period. Evidence of Abandonment Evidence that the LPR has abandoned residency can include the following: extended or frequent absences from the United States; disposing of property or terminating a job in the United States before leaving; family, property, or business ties all located abroad; certain conduct while outside the United States, such as working for a foreign employer, voting in a foreign election, or running for political office in a foreign country; and failure to file U.S. income tax returns. 9 FAM 422.22 N. 1.4. Filing taxes as a nonresident alien is tantamount to an admission of abandonment. Questions regarding the abandonment of LPR status usually arise when an LPR is abroad for at least one year continuously. Under 8 C.F.R. 211.1(a)(2), most LPRs will be ineligible to return to the United States with the presentation of a Form I-551 after being abroad for one year or longer and will have to apply for an SB-1 visa to enter as a returning resident. An LPR can be found to have abandoned their residency in the United States during a trip shorter than a year if they failed to continuously maintain the intent to remain a permanent resident. The issue may also arise when returning from an absence of six months or more. Under section 101(a)(13)(ii), an LPR who has been absent for a continuous period of more than 180 days will be treated as an applicant for admission. Under section 101(a)(13)(i), an LPR may also be treated as an applicant for admission if they abandoned their LPR status. If a LPR in the United States is charged with having abandoned his or her LPR status, the alien will be charged with inadmissibility under section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act (INA) for being present in the United States without a valid entry document. If it is found that the alien abandoned his or her LPR status, the alien will be subject to removal from the United States. Overcoming Presumed Abandonment The presumption is that abandonment has occurred. 8 CFR § 211.1(a)(2). But this can be overcome by the LPR’s evidencing that he or she has maintained sufficient ties to the United States and never intended to abandon residency. For example, the LPR may have intended to leave for a short period of time to care for a sick family member, but was required to stay longer than expected. A natural disaster, civil strife, or foreign government action could prevent the LPR from returning within the one-year period. Reentry Permit Form I-327 LPRs who may be outside the United States for more than one year are advised to obtain a reentry permit, Form I-327. Possessing this form removes the length of the absence as a factor as to whether residency was abandoned, assuming the LPR returns within the allowed period (a maximum of two years). This reentry permit may be obtained by filing Form I-131 with the USCIS before leaving, along with a filing fee of $360 and $85 biometrics fee. USCIS’ How Do I Get a Reentry Permit informational handout. Application to Determine Returning Resident Status Form DS-117 Form DS-117, Application to Determine Returning Resident Status, along with a fee of $275, with the U.S. consulate. This form may also be filed by LPRs whose resident alien card expired during their absence abroad. They must submit evidence of LPR status, dates of travel outside the United States, proof of ties to the United States and intention to return, and proof that the protracted stay was for reasons beyond his or her control. Documentary evidence of the LPR’s intent to maintain a U.S. residence may consist of the following: a driver’s license issued within the past year and reflecting the same address as that recorded on the Form I-94, Arrival and Departure Record; the name and address of the U.S. employer and evidence that a salary has been paid within a reasonable period of time; evidence of children’s enrollment in a U.S. school; evidence that the extended visit abroad was caused by unforeseen circumstances; evidence of a predetermined travel termination date, such as graduation or employment contract expiration; evidence of having filed U.S. income tax return(s) for the past year(s); and evidence of property ownership, whether real or personal, in the United States. 9 FAM 42.22 N. 1.3. The consulate will conduct an interview and make a determination as to whether the LPR has abandoned resident status. A key factor in determining loss of LPR status, according to the State Department, is the absence of a fixed intent to return to the United States. 9 FAM 42.22 N.3. The DS-117