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Frequent Travel Abroad and Abandonment of Lawful Permanent Resident Status

Jun 04, 2017 News

By Attorney Gail Seeram

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.

For more information, contact Gail Law Firm:
Email: [email protected]
Phone: 1-877-GAIL-LAW or 407-292-7730
www.MyOrlandoImmigrationLawyer.com
FREE in-office consultation – FREE Live Chat

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