If you’re a lawful permanent resident (LPR) of the U.S. who has been outside the country for a year or more, you may face complications when returning. Absences of a year or longer create a presumption that you have abandoned your residency. However, there are options to challenge this presumption or prevent abandonment findings before travel. Here’s a guide on how to navigate this issue.
Challenges of Returning After a Year Abroad
When a legal permanent resident has been outside the U.S. for more than a year, U.S. Customs and Border Protection (CBP) officers may question the individual’s intention to remain a U.S. resident. If the officer concludes the absence signifies abandonment, the LPR may be placed in removal proceedings. An immigration judge will then evaluate whether the residency was indeed abandoned, based on evidence of the LPR’s ties to the U.S. and intention to maintain residency.
Evidence Considered in Removal Proceedings
The judge will weigh both factors that support residency and indicators of abandonment, such as:
- U.S. Ties: Family connections, employment, property ownership, bank accounts, a U.S. driver’s license, and tax returns can suggest that the LPR did not intend to abandon residency.
- Foreign Ties: Evidence of foreign employment, property, voting, or extended time abroad could suggest abandonment.
Options to Prevent Abandonment Findings
- Apply for a Re-Entry Permit: If you know you will be outside the U.S. for a year or more, you can file Form I-131 to request a re-entry permit before leaving. This document confirms your intent to remain a U.S. resident, even during extended travel, and may help avoid abandonment concerns upon return.
- Apply for a Returning Resident Visa (SB-1): If your absence extends beyond a year without a re-entry permit, you can apply for an SB-1 Returning Resident Visa at a U.S. consulate abroad. This visa allows re-entry for those who can demonstrate that:
- They maintained LPR status when departing.
- They intended to return but were delayed due to factors beyond their control, such as medical issues.
To apply, complete Form DS-117 and submit documentation showing your continued ties to the U.S. and reasons for the extended absence.
Preparing for the Interview and Returning
If applying for the SB-1 visa, gather supporting documentation such as tax returns, proof of U.S. family and property ties, and evidence of reasons beyond your control for the delay. This documentation will be essential in proving to consular officers and CBP officials that you did not intend to abandon your U.S. residency.
For those facing a possible abandonment finding, Scott Legal, P.C. can guide you through each option and help demonstrate your intent to maintain U.S. residency. Whether through applying for a re-entry permit, pursuing an SB-1 visa, or challenging abandonment findings, we are here to help.
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