Abandoning Lawful Permanent Resident Status: What You Need to Know Before Applying for Naturalization

Maintaining your lawful permanent resident (LPR) status for naturalization is essential if you intend to apply for U.S. citizenship. One of the biggest mistakes LPRs make is to abandon their status, which can lead to complications or even a denial of their naturalization application. The impact of Abandoning LPR status on naturalization is a critical issue that all residents should be aware of. This blog will discuss what it means to abandon your LPR status, why LPRs lose their status, and how to protect it as you move toward naturalization.

What Does Abandoning Lawful Permanent Resident Status Mean?

Abandoning LPR status means that you have taken actions that demonstrate you no longer intend to live permanently in the United States. As a lawful permanent resident, you are expected to treat the U.S. as your primary home. If USCIS determines that you no longer intend to reside permanently in the U.S., you may lose your LPR status, which can directly affect your eligibility for naturalization. Understanding the link between LPR status and naturalization eligibility is crucial for maintaining your path to citizenship.

1. Extended Absences from the United States

   • If you leave the U.S. for an extended period, typically more than six months, USCIS may question whether you intend to reside permanently in the country. An absence of over one year is especially problematic and can be seen as abandonment unless you have taken steps to maintain ties to the U.S.

2. Failure to Maintain Ties to the U.S.

   • To demonstrate your intent to reside in the U.S., it is crucial to maintain strong ties, such as filing U.S. tax returns as a resident, keeping a U.S. address, and having U.S. bank accounts. Maintaining ties to the U.S. for LPR is essential to ensure that your residency intent is clear to USCIS. Failure to maintain these ties can lead to USCIS questioning your intent to remain an LPR.

3. Failure to Obtain a Reentry Permit

   • If you plan to be outside the U.S. for an extended period, applying for a reentry permit can help demonstrate your intent to return and maintain your LPR status. Failure to obtain a reentry permit for extended absences can lead to abandonment issues.

4. Declaring Nonresident Status on Tax Returns

   • Filing taxes as a “nonresident” can signal to USCIS that you do not consider the U.S. your primary residence. Tax filing mistakes for LPR naturalization can significantly impact your eligibility for citizenship. This can lead to complications during your naturalization process, as USCIS may consider it evidence that you have abandoned your LPR status.

5. Moving Abroad Permanently

   • If you move abroad permanently or work in another country with no intent to return to the U.S., USCIS may determine that you have abandoned your LPR status. Abandoning LPR status can lead to severe consequences, including the loss of eligibility for naturalization.

How to Protect Your LPR Status

1. Limit Extended Absences

   • Avoid being outside the U.S. for extended periods, particularly over six months, unless absolutely necessary. Extended absences can significantly impact LPR status and may lead to USCIS questioning your intent to reside permanently in the U.S. If you must leave for more than one year, obtain a reentry permit to demonstrate your intent to maintain residency.

2. Maintain Strong Ties to the U.S.

   • Keep a U.S. address, maintain U.S. bank accounts, and continue filing taxes as a U.S. resident. These actions show USCIS that you intend to live in the U.S. permanently.

3. Apply for a Reentry Permit

   • If you plan to be outside the U.S. for an extended period, apply for a reentry permit before leaving. This permit can help protect your LPR status and demonstrate your intent to return.

4. File Taxes Correctly

   • Always file your taxes as a U.S. resident. Filing incorrectly, such as indicating that you are a nonresident, can raise red flags with USCIS and may lead to abandonment issues. Correct tax filing for LPR naturalization is crucial to avoid these complications.

Consequences of Abandoning LPR Status

Abandoning your LPR status can have severe consequences, particularly if you intend to apply for naturalization. If USCIS determines that you have abandoned your LPR status, you may face:

• Denial of Naturalization: You will not be eligible to apply for U.S. citizenship if your LPR status is considered abandoned.
• Removal Proceedings: USCIS may initiate removal proceedings to formally revoke your LPR status, which can lead to deportation.
• Loss of Residency Benefits: Losing your LPR status means you lose the ability to live and work in the U.S. permanently and other benefits associated with being an LPR.

Steps to Safeguard Your LPR Status and Avoid Abandoning Lawful Permanent Resident Status

Maintaining your lawful permanent resident status is crucial if you plan to apply for U.S. citizenship. Avoid extended absences, maintain strong ties to the U.S., file your taxes correctly, and apply for a reentry permit if necessary. By taking these steps, you can protect your LPR status and move closer to becoming a U.S. citizen. If you are unsure about your situation or need personalized guidance, consider consulting with immigration attorney Osas Iyamu to help you navigate the complexities of maintaining your LPR status.