Latest update February 23rd, 2025 1:40 PM

Guyana's largest selling daily and New York's most popular weekly

Latest News

Frequent Travel Abroad and Abandonment of Lawful Permanent Resident Status

Jan 20, 2013 News

ImmigrationINFO Immigration News For Our Community

Attorney Gail Seeram, [email protected]

The most frequent question I receive as an immigration lawyer is, “Can my travel and length of stay abroad impact my green card?”  The treatment of lawful permanent residents (LPRs) who leave the United States for long periods of time, yet return once every six months, has been a popular issue with my clients. As such, I will offer valuable information on this important topic.
There is a common misunderstanding that simply returning to the United States once every six months will preclude a finding that one has abandoned his or her lawful permanent residency.
Whether an LPR has abandoned permanent residency, however, is not based solely upon the length of time spent outside of the U.S.
In fact, U.S. Custom and Border Protection (CBP) representatives have confirmed that “CBP officers are less focused on the length of time abroad and more on where does the person actually live.”
According to CBP officers, they will look at the totality of the circumstances, including “how many years the person has lived in the U.S.; whether the person is employed in the U.S. or abroad; where family members live; and whether U.S. taxes have been paid.”
The CBP Inspector’s Field Manual (“IFM”) similarly explains that the length of time spent
abroad is not the sole indicator of abandonment. The IFM notes that other indicators of possible abandonment are “employment abroad, immediate family members who are not permanent residents, arrival on a charter flight where most passengers are nonresidents with return passage, lack of a fixed address in the U.S., or frequent prolonged  absences from the U.S.” See IFM § 13.1.
In questionable cases, the IFM advises officers “to ask for other documentation to substantiate residence, such as a driver’s license and employer identification cards.”
If the U.S. Custom and Border Protection (CBP) Officer finds the lawful permanent resident inadmissible under section 212 of the INA, then the Officer will confiscate the lawful permanent resident card (green card) and issue a parole document, temporarily allowing the lawful permanent resident into the U.S. with the condition of him/her reporting to a U.S. Custom and Border Protection Office for further inspection or appear in Immigration Court for removal or deportation proceedings.
My officer has represented many residents and visitors placed in these types of proceedings.
Therefore, we encourage our clients and readers to review thoroughly all the facts of the situation and not focus solely on the length of time abroad. This is especially important due to the considerable risk that travel abroad entails.

Similar Articles

The Glenn Lall Show|| February, 14th, 2025

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

The Battle for Barbados: One Guyana Racing Stable faces off against top U.S. Trainers for Gold Cup supremacy

The Battle for Barbados: One Guyana Racing Stable faces off against...

Feb 23, 2025

Kaieteur Sports- The battle lines are drawn. One Guyana Racing Stable is here to make history. With the post positions set for the 2025 Sandy Lane Barbados Gold Cup, all eyes are on Guyana’s rising...
Read More
Tyrrell breaks 12-year-old school record to claim SUNYAC-AMCC title

Tyrrell breaks 12-year-old school record to claim...

Feb 23, 2025

Raja Pooran inspires Everest Masters to victory in Costa Rica

Raja Pooran inspires Everest Masters to victory...

Feb 23, 2025

BCB saddened at the passing of the late Lennox Phillips, extends condolences

BCB saddened at the passing of the late Lennox...

Feb 23, 2025

Berbice Cricket Board names 15-man squad to participate in Inter County U15 cricket competition

Berbice Cricket Board names 15-man squad to...

Feb 23, 2025

 Slingerz FC shines at Guyana Energy Conference and Youth Forum

 Slingerz FC shines at Guyana Energy Conference...

Feb 22, 2025

Features/Columnists

  • Crowds, chaos and complaints

    Peeping Tom… Kaieteur News- The folly of the cash grant distribution is a textbook case of what happens when a government,... more

Publisher’s Note

Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.

Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]