Short Trips to U.S. & Long Trips Abroad Terminate Permanent Resident Status

ImmigrationTalk

By Attorney Gail S. Seeram

The United States Court of Appeal for the Sixth Circuit by its ruling on June 26, 2012 sent a strong message to lawful permanent residents who take short trips to the U.S. and spend the majority of their time abroad.  The message or ruling in the Lateef v. Holder decision states that if a lawful permanent resident is deemed to have abandoned his/her residency due to long trips abroad, then the Immigration Courts can terminate status with an order of removal.
Usually, when a lawful permanent resident is seeking entry into the U.S., the Immigration officer will examine the amount of time the permanent resident has spent abroad.  If Immigration officer deems that the permanent resident has abandoned his/her status then he can take away the green card and refer the case to Immigration Court.
In these types of cases, the government has the burden to prove by clear and convincing evidence that the permanent resident abandoned his or her status.  Typically, the government will seek to show the permanent resident lacks family, financial, employment and property ties in the U.S.
Additionally, the government will document the lengthy trips abroad and repeated trips abroad which have resulted in short stays in the U.S.  Lastly, the government will provide other evidence in the record to document the permanent resident’s intent in maintaining his/her permanent status in the U.S.  Lawful permanent resident status may be lost through abandonment, whether intentional or unintentional.
What are some common mistakes that are red flag indicators that a lawful permanent resident is not living in the U.S. and has abandoned his/her status?  Here is my list based on past and current client’s mistakes:
1. Lawful permanent resident that buys a one-way ticket from the U.S. to destination country abroad (it shows no intent to return to the U.S. within a short period) – there should always be a roundtrip ticket with final destination in the U.S.;
2. Lawful permanent residents who spend six months abroad, one month in the U.S., – this is a definite red flag to an officer.
3. Lawful permanent residents with no job in U.S. and no lease property or home ownership in the U.S.;
4. Lawful permanent residents who have not filed tax returns in the U.S., but have filed tax returns abroad for income earned abroad; and
5. Lawful permanent residents who take short trips to the U.S. for purposes such as giving birth to child in the U.S., filing tax returns, doctor visits, attend weddings or funerals and then return to longer time spent abroad.
Remember, as a lawful permanent resident, you MUST be permanently residing in the U.S. and not visiting the U.S. after long trips abroad.  The U.S. government and immigration authorities have taken a tougher enforcement position on this issue.