Some permanent residents believe that they can return to the United States once a year in order to maintain their green cards. Their belief is based on the rule that they must come back to the United States once a year from the date of their departure. They can lose their green cards even if they make a trip to the United States once a year and face exclusion (deportation) proceedings.
Returning permanent residents are classified as special immigrants which means an immigrant returning to the United States from a temporary trip abroad. The immigration law requires that in order to readmit a green card holder, it must be proved that the green card holder is returning to “a un relinquished lawful permanent residence in the United States,” from “a temporary absence abroad.” These factors are the prime considerations in making a determination whether a green card holder has maintained permanent resident status. The key factor is the alien’s intent.
A simple statement — to remain in the United States and presentation of the green card to the Immigration Officer at the port of entry is not enough. The main factors that the Immigration Officer considers are: the length of alien’s absence abroad, his ties with the United States such as bank accounts, credit cards, maintaining of a residence in the United States, driver’s license, receipt of mail at the United States address, alien’s family ties in the United States, the filing of the United States income taxes, alien’s employment, purpose of the stay abroad.
The permanent residents who plan to be away from the United States for a considerable period of time must take certain steps to assure that they do not lose their green cards. They should continue filing the United States Income Tax Returns even though they do not have any income in the United States. They should continue receiving mail at their address in the United States; if the alien is abroad because of a job, he should present a contract or a letter from his employer indicating the termination of his job. The alien should maintain bank accounts by writing cheques or doing other bank transactions. Otherwise, he must present documents to prove the reasons for being abroad such as medical reports of relatives if he had gone abroad to take care of his relatives, or documents of property ownership if the purpose of the trip was to take care of the property which he owns.
Article extracted from this publication >> January 13, 1989
