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Can one's U.S. permanent residency status be abandoned?

Immigration Services

People in Kentucky may have any number of reasons for immigrating to the United States. However, the immigration process is not always quick or easy. For some people it takes years to obtain U.S. permanent residency. Therefore, it may seem unlikely that a person would purposefully abandon that status. However, it is entirely possible for a person to lose their status as a permanent resident of the U.S. through intentional abandonment.

Under U.S. law, a person can abandon their U.S. permanent residency status in a number of ways. For example, a person will be deemed to have abandoned their status as a permanent resident of the U.S. if they move out of the country with the intention to live in the other country on a permanent basis.

In fact, staying out of the U.S. for an extended period of time could even constitute abandonment unless a person can demonstrate the leave was meant to be temporary. This could be based on the reason for the absence, how long they were gone, circumstances that may have prolonged the absence and any other circumstances that may have kept them out of the U.S. longer than they expected.

Abandonment could also be shown through a person's taxes. If a permanent resident is residing in another country and doesn't file a U.S. income tax return, this may constitute abandonment. Also, if a person declares themselves as a "nonimmigrant" on their U.S. income taxes, this will also be deemed abandonment.

As this shows, a permanent resident can lose that status through acts that the government believes constitute intentional abandonment. It may seem unusual that one would abandon their status as a permanent resident, given the amount of time it takes to become a permanent resident of the U.S. Permanent residents who find that they have lost their status due to abandonment, but never intended to do so, will want to take the steps necessary to rectify the situation to the fullest extent possible.

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