Abandonment of permanent residence meaning :

The abandonment of permanent residence occurs when an individual renounces their status as a lawful permanent resident. The green card holder expresses their willingness to abandon and their intention to leave the country. They submit an express request to USCIS by filing Form I-407.

To initiate a voluntary abandonment procedure of permanent residence, it is necessary to fill out Form I-407, “Abandonment of Lawful Permanent Resident Status”. This document is available on the USCIS website or accessible upon request. Any holder wishing to abandon their permanent resident status must complete it by providing their green card number and reasons for abandonment. The form must then be signed in front of a notary public or a consular officer if the individual resides abroad. Once completed, the form must be sent by mail to immigration services.

Involuntary abandonment of permanent residence can occur when immigration services suspect that the individual no longer wishes to maintain their status, questioning their intention to remain in the host country. Individuals accused may undergo a case review and risk losing their permanent resident status, as well as deportation. If they are already abroad, authorities may issue them a re-entry ban.

Within the scope of abandonment of permanent residence, it’s important to clarify the concept of “interruption of permanent residence”. This scenario is discussed in sections 316(b), 316(c), and 317 of the INA, and occurs during a naturalization application process. If a permanent resident leaves the United States for certain periods, their permanent residence may be considered interrupted.

The reasons considered for involuntary abandonment of green card status include :

• Length of absences from the United States : Prolonged absences may raise questions about the green card holder’s intention to return.
• Purpose of travel outside the United States : The reasons for international travel, whether for vacations or to address family matters, are taken into account in the abandonment decision.
• Intent to return of the green card holder : Maintaining a constant intention to reside permanently in the United States is necessary to dispel any doubts of status abandonment.
• Persistent ties to the United States : Immigration services begin to doubt when green card holders do not maintain persistent ties with the host country.