This powerpoint will help you understand how a person can lose their permanent resident ("green card") status, and inform them on what they need to do to preserve it.

1. How to Make Sure That You Do Not Lose
Permanent Resident Status
Ame Coats, Esq.
www.bashyamspiro.com

2. You can lose your residency by:
1. Abandonment—Absence from the U.S.
2. Voluntary Relinquishment—Give it up
3. Final Order of Removal—Criminal issue
4. Rescission—
Residency granted by mistake
5. U.S. Citizenship

3. 1. Abandoning Your Residency
Absence from the US:
Greater than 1 year —DHS takes the position
that you have abandoned residency.
Example:
LPR returned to India in February of 2008.
Accident in June 2008 required several
surgeries. Has just now recuperated
enough to return to US.

4. Abandoning Your Residency
Absence greater than 1 year:
Strategies
• Reentry Permit
• Returning Resident Visa
• Refile

5. Abandoning Your Residency
Absence from the US:
Between 181 days and 1 year – U.S. Port of
Entry Officer may question you extensively
and determine that you have abandoned
your residency.
Example:
US company sends LPR employee to work for
foreign subsidiary for set period of 11 months.
What result when employee tries to reenter US?

6. Abandoning Your Residency
Absence between 181 days and 1 year:
Strategies
• Evidence of Intention to Return—Ties to US
• Try to return to US prior to 181 day mark.

7. Abandoning Your Residency
Absence from the US:
180 days or less
POE can review travel pattern and find
abandonment.
Example:
LPR returned to her home country 3 years ago to
live with her husband. They are waiting for his
immigrant visa to come through so they can live in
the US together. She returns to the US for 1 week
every 5 months to retain her residency.

8. Abandoning Your Residency
Absences less than 180 days:
Strategy
• Evidence of Intent to Return—Ties to US
• Stay in the U.S. for longer periods.

9. Determining Abandonment
In analyzing whether or not you have abandoned your
residency, the POE Officer will look to your intent. You
must evidence a continuous, uninterrupted intention to
return to the U.S.
Factors Considered by POE Officer
• Reason for your trip
Length of trip fixed upon some early event?
—OR—
Was trip due to terminate upon occurrence of an event that
you expected within a short period of time?

10. Determining Abandonment
Additional Factors
• Residence of Other Close Family Members
• Employment
• Property Holdings
• U.S. Tax Return—
Claiming Nonresident alien status detrimental
• Duration of Your Residence in the US

11. Determining Abandonment
Additional Evidence that May be Helpful
• Reentry Permit—only to show intent
• Miscellaneous Ties to US
Maintaining Valid Driver’s License
Active US Bank Accounts
Active US Credit Card Accounts
Renewal of US Insurance Policies
Storage Unit—furniture, automobile

12. Determining Abandonment
• If the POE Officer determines you abandoned your
residency:
1) Sign I-407 form to voluntarily abandon
residency & get back on the plane.
—OR—
2) Stay and let Immigration Judge decide. USCIS
must prove by “clear and convincing” evidence
that you abandoned your LPR status.

13. 2. Giving up your Residency
Voluntary Relinquishment
In person at a U.S. Consulate—
Sign form giving up residency and turn in
green card.
Why would anyone do this?

14. 3. Criminal Convictions Leading to
Deportation of LPR
An LPR can be placed in Removal Proceedings for any of the following
criminal convictions obtained after being granted LPR status:
• Conviction of 1 Crime Involving Moral Turpitude within 5 years of
admission for which a sentence of 1 year or longer may be imposed
• Conviction of 2 Crimes Involving Moral Turpitude
• Conviction of Aggravated Felony
• Conviction of Drug-Related Offense
• Conviction of Firearms Violation
• Conviction for Domestic Violence Offense or Certain Violations of
Protective Orders, Stalking, Child Abuse/Neglect

15. Misc. Offenses Leading to
Deportation of LPR
• False Claim to US Citizenship
• Unlawful Voting
• Failure to Register as a Sex Offender
Example:
LPR files for citizenship without seeking legal counsel. Has
4 prior worthless check convictions that he discloses on his
application. What result?
In some cases, the LPR may raise a successful defense
against deportation or the LPR may be granted relief
from deportation.

16. 4. Rescission of Residency
• USCIS can rescind LPR status if the LPR was
ineligible for adjustment.
• LPR can request hearing before Immigration Judge
to review rescission.
Example:
Client had conviction of simple marijuana
possession when he was 18 years old. No
evidence to suggest the conviction was waived
when he obtained his green card. What result
when he files to renew his green card or to apply
for citizenship?

17. 5. US Citizenship
• No chance of losing your US immigration
status and being deported if you obtain US
citizenship. (so long as citizenship
application is not fraudulent)
• Seek legal counsel before applying for
citizenship.
• US recognizes dual citizenship, although not
all countries do. Dual citizens get citizenship
benefits of both countries.

18. Thank you for your time.
Ame Coats, Esq.
ame@bashyamspiro.com
Tel. (919) 833-0840 ext. 51
www.bashyamspiro.com
The information provided through this webinar is of a general nature and may not apply to any
particular set of facts or under all circumstances. It should not be construed as legal advice.