US Lists 3 Ways Green Card Holders Can Lose Permanent Resident Status
- The US Citizenship and Immigration Services has identified specific actions that can lead to a Green Card holder losing their permanent resident status
- Filing tax returns as a nonimmigrant is among the actions USCIS flags as potential grounds for abandoning permanent residency
- Green Card holders who spend extended periods outside the US may also face scrutiny, though prolonged absence alone does not automatically trigger a loss of status
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Green Card holders in the United States could forfeit their permanent resident status through decisions they may not realise carry such consequences, according to guidance published by the US Citizenship and Immigration Services (USCIS).
The agency distinguishes between status that is administratively revoked and status that a permanent resident effectively abandons through their own conduct, a category the USCIS refers to as intentional abandonment.
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Tax consequences follow immigration loss
Three actions stand out in the USCIS guidance as particularly significant. First, relocating to another country with the intention of settling there permanently is considered one of the clearest grounds for abandonment.
Second, filing US tax returns in which the individual identifies themselves as a nonimmigrant can directly jeopardise permanent residency.
Third, spending an extended period outside the United States may raise questions about whether a resident intended to maintain their status.
On the matter of prolonged absence, the USCIS notes that time spent abroad does not automatically constitute abandonment.
Immigration officers are directed to weigh the original purpose of the trip, how long the resident had planned to be away, the circumstances that led to an extended stay, and any unforeseen events that may have prolonged the absence beyond what was initially intended.
Permanent residents preparing for a lengthy trip abroad can apply for a re-entry permit from USCIS before departing. Those already outside the country have the option of applying for a returning resident visa, known as an SB-1, through a US consulate. Both documents serve as evidence that an absence was always intended to be temporary.
Tax consequences follow immigration loss
The implications of losing Green Card status extend beyond the immigration system. Under Internal Revenue Code section 6039G(d)(3), the Department of Homeland Security is legally required to notify the Internal Revenue Service whenever a person loses permanent resident status, whether through a formal removal order or a voluntary surrender of their Green Card.
The requirement means that the financial consequences of losing permanent residency can compound the immigration consequences, making awareness of these triggers especially important for permanent residents who live, work, or travel across borders.
US announces invalid Green Card types for foreigners
Earlier, YEN.com.gh reported that the US had stated that three older versions of the foreign registration card were no longer valid.
The U.S. Citizenship and Immigration Services has instructed all affected holders to obtain replacement documentation without delay.
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Source: YEN.com.gh
