Sep
26
FAQ: Green Cards and Overseas Residency
Filed Under Ask Chris, Green Card
Q: Can I live outside the US and keep my green card? Can I renew if my green card status is taken away?
A: Green cards are for people who can genuinely prove that they are permanently residing in the US. A green card is a Permanent Resident Alien registration card. So if you live outside the of the US, abandonment of said green card will be assumed.
If you’ve entered the US not using your green card then again, abandonment will be determined absolutely. Abandonment is automatically presumed after one year’s absence from the US. You can rebut the presumption if you can prove that you did not in fact abandon residency in the US. Evidence would include, but is not limited to, your filing of tax returns each year during your absence, retaining some life, property or assets in the US and so forth. If none of these elements are present or presentable to immigration then your green card will not be renewed due to abandonment and you will have to qualify all over again. US Immigration are not sympathetic to aliens who have allowed the green cards to match since they regard qualifying for a green card in the first place as an immense honor where people risk life and limb every day to acquire this coveted status.
If you feel you may have a viable claim to get your green car renewed my office would certainly be happy to make the application on your behalf.