Green Card Abandonment: Risks, Re-Entry Permits, and How to Protect Your Status
Green Card Abandonment: What You Need to Know
Many lawful permanent residents (LPRs) are surprised to learn they can face green card abandonment or cancellation without realizing it. Each year, countless U.S. green card holders travel abroad, unaware that their actions could jeopardize their permanent resident status. This guide explains the rules surrounding green card abandonment, re-entry permits, Form I-407, how to protect your residency, and the serious consequences of abandoning your green card.
What Is Considered Green Card Abandonment?
According to U.S. Citizenship and Immigration Services (USCIS), your green card may be considered abandoned in two main scenarios:
- Voluntarily surrendering your permanent resident status.
- Living abroad beyond the allowed time or demonstrating no intention to return to the United States.
If USCIS believes you no longer intend to make the U.S. your permanent home, you may be deemed to have abandoned your lawful permanent resident status.
Abandonment Due to Long Absences or Lack of Intent
Green card holders often ask: What happens if I stay outside the U.S. for more than 6 months?
- Trips of over one year: Your green card is very likely to be considered abandoned.
- Trips under one year: USCIS can still determine abandonment if your actions suggest you no longer consider the U.S. your permanent residence.
When reviewing your case, immigration officers consider factors such as:
- Whether your stay abroad was intended to be temporary.
- If you maintained strong family and community ties in the U.S.
- Whether you remained employed in the U.S.
- Whether you filed U.S. tax returns as a resident.
- If you kept a U.S. address, bank accounts, and driver’s license.
- If you owned property or operated a business in the U.S.
The U.S. government looks for clear evidence that you intend to keep the U.S. as your primary home.
Re-Entry Permits: Protecting Your Green Card
To avoid abandonment, U.S. permanent residents must carry valid travel documents when leaving the country. A re-entry permit helps prove you still intend to live in the U.S. even if you stay abroad for an extended period.
- Validity: Typically valid for 2 years.
- Requirement: Must be filed while physically present in the U.S.
- Purpose: Protects your status when you remain outside the U.S. for more than 12 months.
Example 1: A two-month visit abroad, followed by ten months living and working in the U.S. while maintaining a home, taxes, and financial accounts, is unlikely to trigger abandonment concerns.
Example 2: Multiple trips abroad totaling most of the year, with only brief returns to the U.S. and no home or job here, may lead USCIS to conclude that you abandoned your green card.
Voluntarily Surrendering Your Green Card
Some green card holders choose to give up their status voluntarily by filing Form I-407, Record of Abandonment of Lawful Permanent Resident Status. This four-page form requires personal details and the reason for relinquishment.
- No government filing fee is required.
- Future eligibility remains intact: You may apply again for a green card in the future.
- Important: U.S. Customs and Border Protection (CBP) officers cannot force you to sign Form I-407. Always consult with an immigration attorney at Green Card Link before signing any document you do not fully understand.
Consequences of Green Card Abandonment
Losing your lawful permanent resident status can have life-changing consequences:
- You may need to restart the green card process from the beginning.
- You could be subject to the U.S. “exit tax” under Section 877A, treating your assets as if sold at market value, triggering capital gains taxes.
- You will lose the ability to sponsor family members for U.S. immigration.
- Your eligibility for U.S. citizenship through naturalization may be denied, even years later.
f CBP officers believe you abandoned your residency when re-entering the U.S., you may be placed in removal (deportation) proceedings. Even if admitted at the port of entry, the government can later revoke your green card if you fail to prove your ties to the U.S.
Exit Tax and Covered Expatriates
If you have held a green card for 8 of the last 15 years, you may owe an exit tax when giving up your green card if you are classified as a “covered expatriate.” You are considered a covered expatriate if:
- Your net worth is $2 million or more on the date your residency ends.
- Your average annual U.S. income tax liability over the past 5 years exceeds a set threshold.
- You have failed to file U.S. tax returns for the past 5 years or did not certify compliance on Form 8854.
Protect Your Green Card Status
Green card abandonment is a serious matter with lasting effects on your ability to live and work in the U.S. If you plan to travel abroad or face questions from immigration officials, consult with immigration attorneys at Green Card Link. They can guide you through filing a re-entry permit, defending against abandonment claims, and protecting your eligibility for U.S. citizenship.
How to Reinstate Your Green Card After Abandonment
Losing your lawful permanent resident status can be stressful, but reinstating your green card is possible if you follow the proper procedures. The process requires applying for a Returning Resident (SB-1) immigrant visa. This step is necessary if you:
- Remained outside the United States for more than one year without a valid re-entry permit.
- Stayed abroad beyond the two-year validity period of your re-entry permit.
Approval of your SB-1 application depends largely on convincing the consular officer that your absence was temporary and that you still deserve returning resident status. If granted, you can reinstate your green card without starting the immigration process over from the beginning.
Where to Apply for an SB-1 Visa
You must file your SB-1 application at the nearest U.S. embassy or consulate. Applicants are required to:
- Demonstrate eligibility for immigrant status.
- Complete a new medical examination with a USCIS-approved physician.
If your SB-1 application is approved, the consulate will issue you a new I-551, allowing you to reenter the U.S. lawfully without filing a new green card petition. In most cases, you’ll need to submit Form DS-260, your medical records, and the required filing fees.
Tip: If your green card has been lost, you may also need to learn how to replace a lost green card.
Eligibility for Returning Resident Status
When applying for an SB-1 Returning Resident visa, you will undergo an interview at the U.S. embassy or consulate. To qualify, you must prove:
- You were a lawful permanent resident at the time of departure.
Your departure must not have been related to criminal issues, and you must demonstrate continued lawful permanent resident (LPR) status. - Your extended absence was beyond your control.
Valid reasons may include medical treatment, employment with a U.S. company, travel restrictions, natural disasters, or other unforeseen emergencies. Supporting documentation is crucial. - You intended to return to the U.S. when you departed.
The U.S. government must be assured that you did not plan to relocate permanently elsewhere.
CBP (Customs and Border Protection) officers will also review whether you maintained strong ties to the U.S. This may include:
- Filing U.S. tax returns.
- Maintaining property, bank accounts, or investments in the United States.
- Holding a valid U.S. driver’s license.
- Having close family members residing in the U.S.
Failure to maintain these ties, or declaring yourself a nonresident on tax returns, may be interpreted as intent to abandon your green card. Officers may even review your digital footprint, such as cell phone data, to verify your intentions.
Required Documents for an SB-1 Application
Although requirements may vary by consulate, applicants generally must submit:
- Form DS-117, Application to Determine Returning Resident Status.
- Your I-551 Permanent Resident Card (green card).
- Your re-entry permit (if applicable).
- Proof of travel dates (airline tickets, passport stamps, or related documents).
- U.S. tax returns, proof of family, economic, and social ties.
- Evidence that your extended stay abroad was due to circumstances beyond your control.
The Returning Resident Visa Application Process
The State Department recommends filing your application at least three months before your intended return to the U.S. The process typically includes:
- Filing DS-117 and gathering required documents.
- Paying the appropriate filing fees.
- Attending an interview at the U.S. consulate.
- Completing a medical exam with an authorized physician.
Be prepared to explain your absence and provide supporting evidence during the interview.
Returning Resident Visa Fees
The costs associated with an SB-1 Returning Resident visa include:
- DS-117 filing fee: $180
- DS-260 processing fee: $325
- Medical exam and vaccinations: Varies by provider
Note: Fees are subject to change. Always check the latest fee schedule before filing.
Processing Times for an SB-1 Application
If your SB-1 application is denied, you still have options:
- Reapply for a green card: You can restart the process based on your original immigration category. Although this means starting from scratch, it is better than attempting to return unlawfully.
- Apply for a nonimmigrant visa: Depending on your situation, you may be eligible for a tourist visa or other nonimmigrant visas.
How Green Card Link Can Help
Navigating the SB-1 process can be complex and stressful. At Green Card Link, its immigration attorneys have guided many clients through reinstating permanent resident status after abandonment. Whether you are preparing your first SB-1 application or facing a denial, an experienced immigration attorney at Green Card Link can evaluate your case, prepare strong documentation, and represent your interests throughout the process.