GREEN CARD ABANDONMENTS - Form I-407 submissions

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GREEN CARD ABANDONMENT

Abandonment of lawful permanent resident (LPR) status, often called "green card abandonment," occurs when a lawful permanent resident demonstrates an intent to no longer reside in the United States after departing the country. Specific actions and circumstances can indicate a lack of intention to maintain permanent residency.

Factors Leading to Abandonment

1. Length of Absence: While no specific time frame automatically triggers abandonment, absences longer than 180 days may lead to scrutiny regarding the LPR's intent. If an LPR is absent for more than one year, there is a presumption of abandonment unless they can prove otherwise.
2. Intent When Leaving: The LPR's purpose for traveling outside the U.S. is crucial. A temporary visit for vacation or family matters is less likely to be viewed as abandonment compared to moving abroad for work or other long-term commitments.
3. Ties to the United States: Maintaining connections such as property ownership, family ties, and filing U.S. taxes strengthens the argument that an individual has not abandoned their residency status. Conversely, establishing significant ties abroad can indicate abandonment.
4. Employment Abroad: Working for a foreign employer or engaging in activities that suggest a permanent move away from the U.S., such as voting in foreign elections, can also be seen as evidence of abandoning LPR status.

Documentation and Legal Procedures:

Suppose an LPR wishes to abandon Green Card status formally. In that case, they must file Form I-407, which is known as a "Record of Abandonment of Lawful Permanent Resident Status." The I-407 allows individuals to officially and affirmatively declare their intent to abandon their green card status. This form formally communicates to U.S. immigration authorities that the individual does not intend to return to the United States as a permanent resident. The abandonment of LPR status can be necessary for those residing outside the U.S. for extended periods and wish to avoid complications when entering the country on a non-immigrant visa. 

In summary, abandonment of green card status is determined by evaluating multiple factors, including length and purpose of absence, maintenance of ties within the U.S., and any formal declarations the individual makes regarding their residency intentions.

In summary, if you are a long-term resident (Green Card Holder) who has held your status for at least eight years within the past fifteen and meet any one of the criteria listed above regarding income tax liability, net worth, or compliance certification, you will be considered a covered expatriate upon your expatriation. 

The Clegg Law Group can help you officially abandon your Green Card. We represent clients globally, whether you are located in the United States and are preparing to depart back home, regardless of where you live, whether it be another country in Europe, North and South America, Asia, Australia, or Africa.  

We're here to help you.