How does the timing of Lawful Permanent Residency work?
My wife has been threatened by border agents with green card revocation during her last two US entries. She works in Europe and spends most of her time there (we’ve done this for 30 years without issue). But we live in the US, pay taxes here, own property, have joint accounts, etc.
I’m naturalized, but she can’t naturalize due to the substantial presence requirement. Immigration officers are suddenly treating this as problematic. I would need advice on how to handle this situation. What do we do if the border agent refuses us entry and/or takes away my wife’s green card?
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A Lawful Permanent Residency is for someone who intends to reside in the U.S. permanently and is doing so, not for someone who is just coming to the U.S. to visit from time to time.
Anyone who is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 months (not necessarily a calendar year) creates a rebuttable presumption of abandonment of residency.
Rebutting the presumption is possible by submitting evidence to the contrary, such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. driver’s license, U.S. bank accounts with significant movement, etc.
Someone who has been outside of the U.S. for more than one year without first having an approved re-entry permit has abandoned their residency, and only in very few exceptions (such as serious illness) can they get it back.
Here is an official link: www.uscis.gov/
As you are now aware, that may become a problem on a trip back into the U.S. when applying to renew the residency card or applying for U.S. Citizenship.
So basically, she needs to spend more time in the U.S. than outside. If that will not be possible, at least at the beginning, she can apply for a Re-Entry Permit on Form I-131. That will allow her to be outside of the U.S. for up to 2 years. She can use it for multiple trips. If she needs more time, she must come back before the two years end, and then she can apply for one more Re-Entry Permit for two more years.
If she still needs more time, she can apply again, but after four years, they get harder and harder to get and are often only granted for one year at a time.
At some point, she will need to start living in the U.S. and spending more than 180 days per 12 months inside.
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My wife has been threatened by border agents with green card revocation during her last two US entries. She works in Europe and spends most of her time there (we’ve done this for 30 years without issue). But we live in the US, pay taxes here, own property, have joint accounts, etc.
I’m naturalized, but she can’t naturalize due to the substantial presence requirement. Immigration officers are suddenly treating this as problematic. I would need advice on how to handle this situation. What do we do if the border agent refuses us entry and/or takes away my wife’s green card?
I understand how concerning this situation must be for you and your wife. Can you please share how long your wife has been a green card holder?
25 years. We came to the US in 1997 and have had green cards since 2000. After the first issue with the border agent, I decided to naturalize. I am now a US citizen since last week.
Has your wife received any official notices or documentation from immigration regarding the potential revocation of her green card?
No, just a “verbal warning” because her “presence has gaps.”
Is there anything else the immigration lawyer should know before I connect you? Rest assured they’ll be able to help with your green card concerns.
Yes
Hello! I’m Guillermo Senmartin, a licensed attorney with over 23 years of experience. I’m here to help, but please note: please wait until we’re done with our chat before posting a new session. Posting a new session could close this chat, and I won’t be able to respond and finish giving you important information.
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How much time does she spend outside of the U.S. every 12 months (not necessarily January to December)?
She usually spends 6 to 8 weeks in the US, so she is outside the country about 10 out of 12 months. We do have elderly parents that she takes care of. She was never outside for more than 6 months at a time, except during the pandemic when airlines kept cancelling our flights. Back then she was readmitted without issues.
A Lawful Permanent Residency is for someone who intends to reside in the U.S. permanently and is doing so, not for someone who is just coming to the U.S. to visit from time to time.
Anyone who is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 months (not necessarily a calendar year) creates a rebuttable presumption of abandonment of residency.
Rebutting the presumption is possible by submitting evidence to the contrary, such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. driver’s license, U.S. bank accounts with significant movement, etc.
Someone who has been outside of the U.S. for more than one year without first having an approved re-entry permit has abandoned their residency, and only in very few exceptions (such as serious illness) can they get it back.
Here is an official link: www.uscis.gov/
As you are now aware, that may become a problem on a trip back into the U.S. when applying to renew the residency card or applying for U.S. Citizenship.
So basically, she needs to spend more time in the U.S. than outside. If that will not be possible, at least at the beginning, she can apply for a Re-Entry Permit on Form I-131. That will allow her to be outside of the U.S. for up to 2 years. She can use it for multiple trips. If she needs more time, she must come back before the two years end, and then she can apply for one more Re-Entry Permit for two more years.
If she still needs more time, she can apply again, but after four years, they get harder and harder to get and are often only granted for one year at a time.
At some point, she will need to start living in the U.S. and spending more than 180 days per 12 months inside.
What else may I answer for you? I want to ensure your satisfaction with my service.
Thanks, that helps.
Thank you for being a valued customer. If my response didn’t meet your expectations, please understand that sometimes the law doesn’t offer a good solution, and that’s not something I can control. If you’re unsatisfied, I’d truly appreciate the chance to address your concerns. Please ask additional questions until you are satisfied.
Guillermo Senmartin
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