Green Card Abandonment – How to Avoid Loosing Your Green Card

You may be subject to green card abandonment or green card cancellation without even knowing it. Many U.S. permanent residents travel every year without knowing they risk losing their legal permanent resident (LPR) status. On this page, learn all about green card abandonment, re-entry permits, Form I-407, and how to reinstate a green card after abandonment. You will also learn about the abandonment consequences and how to avoid them.

What Is Considered Green Card Abandonment?

According to the USCIS, there are two situations in which your permanent resident status may be considered abandoned. They are:

1. Voluntary surrender of permanent resident status
2. Staying abroad beyond the allowed period or demonstrating a lack of intention to return

If USCIS suspects you did not intend to make the United States your permanent home, you will most likely be found to have abandoned your green card status.

Abandonment Due To Staying Over a Year Abroad or Lack of Intention

Your green card may be considered abandoned if you travel outside of the U.S. for over a year. Many people also ask what happens if they stay more than 6 months outside the U.S. with a green card. USCIS policy states that green card abandonment can still occur with trips of less than a year if it is believed you did not intend to make the United States your permanent residence. Short trips are typically fine, however, USCIS officers consider various criteria, including:

• Your intention to visit abroad is only temporary
• If you maintained U.S. family and community ties
• Your U.S employment status
• If you filed U.S. income taxes as a resident
• Whether you maintained a U.S. mailing address
• If you kept U.S. bank accounts and a valid U.S. driver’s license
• Did you own property or run a business in the United States
• Or any other evidence that supports the temporary nature of your absence.

Tip from VisaNation Immigration Lawyer Brian Thompto: When in doubt, it is a good practice to spend more time in the U.S. with your green card in a calendar year to avoid any issues.

The U.S. government wants to ensure that you have the intent to make the United States your permanent home. If there is any doubt here, it can be implied that you abandoned your green card.

Re-entry Permit

As a U.S. permanent resident, one of the government requirements is that you always apply for and have all your travel documents with you whenever you travel out of the country, allowing you to return without issue. To avoid green card abandonment, this includes a re-entry permit, which lets you resume your permanent resident status whenever you are back in the U.S. More about this below.

Example:

If you take a single 2-month trip abroad during the year to visit family, but spend the remaining 10 months living and working in the U.S., maintaining a permanent home, paying taxes, and keeping a U.S. driver’s license and bank accounts, you are clearly demonstrating your intent to make the U.S. your permanent residence. This type of travel pattern is very unlikely to raise any abandonment concerns with USCIS or CBP.

Example:

If you travel abroad for 5 months, return to the U.S. for just 3 weeks, and then leave again for another 4-month trip, you may be at risk of being viewed as having abandoned your permanent resident status — even though no single trip exceeded 6 months. The frequent and lengthy absences, paired with minimal time in the U.S., can suggest that your primary residence is no longer in the U.S. This risk increases if you also:

• Do not maintain a home or job in the U.S.

• File taxes as a nonresident.

• Have immediate family or stronger ties abroad.

• Have no long-term plans clearly rooted in the U.S.

Voluntarily Surrendering Green Card

This means that although you are a Lawful Permanent Resident, you elect to surrender your green card. To do this, you must file and submit the 4-page I-407, Record of Abandonment of Lawful Permanent Resident Status form. This shows you are willingly and affirmatively relinquishing your resident status.

On this form, you will provide personal information about yourself, including your alien number, and you will be asked to state your reason for the abandonment. There is no fee associated with surrendering your green card, and surrendering your green card does not affect your ability to reapply for a green card in the future. 

NOTE: It is important to know your rights. CBP Officer cannot coerce you to sign a Form I-407. Signing it should be voluntary. Always speak with an immigration attorney before signing any form that you are unaware of.

Re-Entry Permit: Avoid Green Card Abandonment

A re-entry permit allows permanent U.S. residents to travel and remain out of the U.S. for an extended period, typically more than 12 months, without losing their residency status. The purpose of the re-entry permit is to establish that you do not intend to abandon your permanent residency status. The permit is usually issued with a 2-year validity, and while it cannot be extended, you can apply for a new one to demonstrate to the U.S. that you still intend to return. You must be within the U.S. to file a re-entry permit. A re-entry permit will help you keep your green card in the following situations:

• If you are planning on traveling outside of the U.S. for more than 1 year but no more than 2 years;
• If you are planning on traveling outside of the U.S. for more than 180 consecutive days, and
• When you have been given a warning by a Customs and Border Protection (CBP) officer that you may lose your permanent residency status.
• If you have strong ties, like another home or job in another country

There are scenarios where you are stuck abroad and can’t return to the U.S., whether it be an illness, a family emergency, or even travel restrictions. However, without proper documentation like a re-entry permit, you risk being considered to have abandoned your permanent residency.

Find out more about traveling with a Green Card.

Green Card Abandonment Consequences

The consequences of green card abandonment can be very costly for any legal permanent resident. Thus, voluntarily abandoning your green card or overstaying abroad for more than a year without a re-entry permit can have numerous negative effects:

• You will lose your LPR status and may be required to restart the process from the beginning. However, there are some other options listed in the next section.
• You may be subject to an “exit tax” under 877A of the U.S. code. This means that the IRS will treat your assets as sold for market value on the day when you lose your green card. This potentially means having to pay capital gain taxes.
• You will be unable to sponsor any family members to visit the U.S. or any family members who are in the process of coming to the U.S.

Learn about Visa Overstay Forgiveness.

If you have a family in the U.S. and/or significant financial ties to the country, your green card abandonment consequences can be much higher. It is important to know what is at stake and the importance of avoiding losing your green card.

Consequences of Returning To The U.S. After Abandonment Without Necessary Documents

Customs and Border Protection (CBP) officers usually inspect returning residents and place them in removal proceedings if they do not have the necessary documents after abandoning their residence in the United States. CBP officers may ask you to fill out Form I-407 if they believe you abandoned your lawful permanent resident status.

However, please consult with an immigration attorney before you sign off on anything that you are unfamiliar with. In some cases, people are admitted without mention of their abandonment.

If U.S. Customs and Border Protection (CBP) officers admit you at the port of entry without questioning you about your green card abandonment, it does not mean you are safe from removal (deportation) from the United States.

According to the Department of State (DOS), you are deportable if you are found to have returned to the U.S. without all necessary documents.

Even if you may have even stayed for years after your return, the government can still place you in removal proceedings if you are unable to prove that you had no intention of abandoning your permanent residency (which can be proved by maintaining significant ties to the U.S.) or that your prolonged absence was due to circumstances beyond your control. It is, therefore, in your best interest that you satisfy all the requirements of the law regarding the return process.

Another consequence of green card abandonment comes later when you apply for naturalization. USCIS may deny your naturalization Form N-400 even if your prolonged travel out of the U.S. was over 5 years ago.

Do Green Card Holders Have to Pay an Exit Tax?

If you have had a green card for at least 8 of the last 15 years, you might have to pay an exit tax when you give up your green card, but only if you’re classified as a covered expatriate.

You’re a Covered Expatriate if:

1. Your net worth is $2 million or more on the date of your termination of residency
2. Your average annual U.S. income tax for the past 5 years is over a set threshold
3. You have not filed all your U.S. tax returns for the last 5 years and have failed to certify compliance on Form 8854

If any of these is true, you’re considered a covered expatriate, and the exit tax may apply.

How to Reinstate Your Green Card After Abandonment

To reinstate your green card, you must file a returning resident (SB-1) immigrant visa. You must do this if you:

• Stayed abroad beyond the two-year re-entry validity period of your re-entry permit.
• Stayed outside the U.S. for more than one year without a valid re-entry permit

Your application approval will depend on how well you can convince the consular officer that you deserve to be issued the returning resident visa, allowing you to then reinstate your green card.

You can apply for an SB-1 visa at the nearest U.S. embassy or consulate. You will be required to establish eligibility for an immigrant visa and have another medical examination. If your SB-1 application is approved, the consulate officer will issue you a new I-551, enabling you to travel back to the U.S. without needing to file a new green card petition. You will only be asked to file and submit a DS-260 form alongside your medical records and application fees.

Find out how you can replace a Lost Green Card.

How to qualify for returning resident status?

Your application to reinstate your green card is filed at the U.S. Embassy or Consulate nearest to your current location abroad. You will be interviewed to determine that you are not inadmissible on health grounds or in criminal cases. To qualify for returning resident status, you will have to prove to the consular officer that:

• At the time of your last departure from the U.S., you were still a lawful permanent resident, and your departure was not related to any criminal issues. When reentering, you will need to present your green card and any supporting documents that demonstrate you maintained your lawful permanent resident status.
• Your extended period overseas beyond your re-entry permit or green card’s overseas validity was due to circumstances beyond your control. If it was due to medical reasons or employment with a U.S. company, you may present proof of this to the consular officer.  
• You departed the U.S. intending to come back, and you have not abandoned this intention. The main reason for the interview and other re-entry processes is for the U.S. government to be sure that you are not planning to make another place your principal place of residence.
• During the process, the CBP officers will evaluate your engagements in the recent past to determine if you still maintained ties to the U.S. during the period you were away. If you failed to file U.S. income tax returns, or you have declared yourself a nonimmigrant on the U.S. tax returns, the officers may have reason to believe that you intended to abandon your status in the U.S.

Other factors that the CBP may consider include whether you have properties, investments, and your close relatives in the U.S. They may also need to check if major assets like bank accounts in the U.S., a U.S.-issued driver’s license, and any other things that will help them to know your true intentions. CBP officers can also check electronic devices like your cell phone to determine the individual’s intention in returning back to the U.S. All these are done to be sure that you do not have stronger ties to another country than you have to the U.S.  

Documents to Submit for Returning Resident Application

Documents to be presented may vary depending on the consulate or embassy and the applicants’ situations. However, the following are part of the documents that must be submitted.

• A completed DS-117, Application to Determine Returning Resident Status
• Your existing I-551, Permanent Resident Card
• Your re-entry permit (if you have one)
• Documents showing the date you traveled outside the U.S. (Your airline tickets, or passport stamps)
• Proof showing you have ties to the U.S. tax returns, evidence of economic, family, and social ties to the United States, will be needed for this.
• Proof that your extended stay outside of the United States was for reasons beyond your control (Ex: Death, medical emergency, employment matters, travel restrictions, natural disasters, pandemic)

SB-1 Application Process

The first step is the filing and gathering of all required documents. It is recommended by the State Department that you file this at least three months before your anticipated return to the U.S. After submitting your application, the consulate will schedule an interview with you. Be prepared to answer any questions about your journey abroad and ensure you present all the required documents to the consulate.  

Returning Resident Application Fees

Filing a returning resident visa application will cost you the following charges:

• DS-117 fees ($180)
• DS-260 application processing fees ($325)
• Medical exam and vaccination fees (Varies depending on the facility)

*Fees are subject to change. Check the latest fee schedule. 

Instructions on how to carry out the medical examination will be given to you by the officers at the consulate. The exam is usually done by USCIS-designated surgeons to ensure adherence to immigration law. 

Processing times can vary depending on the consulate and the complexity of your case, but typically, you will know the decision on your SB-1 visa within a few days or weeks after the interview.

What If My SB-1 Application Is Denied?

If your SB-1 application is denied by the consulate, there are other options for you. First, you can consider applying for a green card a second time, that is, if you are still eligible. Second, you can consider applying for a tourist visa after abandoning your green card or another nonimmigrant visa.

Applying For a Green Card Second Time

Suppose you are planning on applying for a green card after voluntary abandonment or after losing your green card due to prolonged travel. The new visa application should be based on the same category and on the same basis by which you originally migrated. However, this will mean starting the process from the beginning. However, it is better than returning to the U.S. without due process, which is unlawful.