As more individuals obtain green cards, many find themselves needing to return to their home country for extended periods due to work or caring for elderly relatives. Recently, upon re-entry, border immigration officers have questioned why the time spent outside the United States exceeds that spent within. Some immigration officers have even suggested that green card holders either apply for a Re-Entry Permit or sign a form to abandon their green card.
Circumstances Under Which U.S. Permanent Resident Status (Green Card) May Be Considered Abandoned
Once a green card is obtained, the holder has the right to reside permanently in the United States. If none of the aforementioned actions are taken, the U.S. government not only does not expel green card holders from the United States but also requires them to have the intent to reside permanently in the United States. However, if any of the following situations occur, the U.S. government may consider the green card status to be automatically abandoned:
1. Moving to another country with the intent to reside there permanently;
2. Failing to apply for a Re-Entry Permit while residing abroad for more than one year. Sometimes, even if the time spent abroad does not exceed one year, it may still be considered an automatic abandonment of the green card;
3. Applying for a Re-Entry Permit but residing abroad for more than two years. Sometimes, even if the time spent abroad does not exceed one year, it may still be considered an automatic abandonment of the green card based on specific circumstances;
4. Failing to report income taxes while residing abroad;
5. Reporting taxes as a non-immigrant on tax returns.
In summary, if a green card holder has a criminal record, they should consult their immigration attorney before leaving the United States, or they may risk being unable to return. If a green card holder does not have a criminal record but needs to leave the United States, they should return within six months. If they need to reside abroad for an extended period, given the current immigration situation, it is advisable to submit a Re-Entry Permit application before leaving the United States. Upon re-entry, they should bring documentation such as proof of employment, medical records for themselves or family members, etc., to explain to the immigration officer the reasons for needing to reside abroad for an extended period. In any case, they can refuse to sign any forms or documents provided by the immigration officer regarding the abandonment of their green card. If they are abroad and encounter special circumstances, they should contact the nearest U.S. consulate.
Circumstances Under Which U.S. Permanent Resident Status (Green Card) May Be Revoked
Permanent residents with green cards are still considered foreigners until they become U.S. citizens. U.S. society does not welcome law-breaking foreigners. The U.S. government is even less favorable towards foreigners with questionable moral character. Therefore, green card status may be revoked by the U.S. government for foreigners with criminal records or poor moral character. To maintain U.S. permanent resident status, it is essential to be a law-abiding and morally upright foreigner. Specifically, green card holders must not engage in the following criminal behaviors:
1. Any violent crime punishable by more than one year in prison;
2. Murder;
3. Rape and other sexual offenses;
4. Terrorist activities;
5. Sexual offenses against children;
6. Illegal trafficking of drugs, firearms, or persons;
7. Any crimes related to moral turpitude, such as theft, fraud, etc.;
8. Crimes involving bodily harm to others or threats of bodily harm;
9. Rape and other sexual offenses resulting in serious injury to others due to reckless behavior;
Additionally, the following actions may have serious consequences for one's permanent resident status (green card):
1. Lying to obtain immigration benefits for oneself or others;
2. Claiming to be a U.S. citizen when not yet a citizen;
3. Voting in federal or local elections that are only open to U.S. citizens;
4. Habitual drunkenness (frequently getting drunk or using illegal drugs);
5. Bigamy (maintaining marital relationships with two or more individuals simultaneously);
6. Failing to support family members or pay child support as ordered by the court;
7. Being arrested for domestic violence or violating restraining orders;
8. Lying to obtain public benefits;
9. Failing to file taxes;
10. Males aged 18 to 26 who intentionally fail to register for military service.