Legal Definitions - abandonment (of residence)

Abandonment (of Residence) refers to a formal determination by the U.S. Citizenship and Immigration Services (USCIS) that an individual holding Lawful Permanent Resident (LPR) status, also known as a green card holder, has given up their intention to reside permanently in the United States. This determination means the individual has effectively surrendered their permanent resident status.

For a Lawful Permanent Resident to maintain their status, they must demonstrate a continuous intent to make the U.S. their permanent home. If the USCIS concludes that an LPR has abandoned this intent, often due to extended periods spent outside the U.S. or actions inconsistent with permanent residency, their LPR status can be revoked. This has significant implications, particularly for those seeking to become naturalized U.S. citizens, as continuous residence is a fundamental requirement for naturalization. The ultimate decision on whether abandonment has occurred is made by an immigration judge.

Here are some examples illustrating how abandonment of residence might be determined:

• Example 1: Extended Absence with Severed Ties

  Maria, a Lawful Permanent Resident, moves to her home country for six years to care for an ailing parent. During this time, she sells her house in the U.S., closes her U.S. bank accounts, cancels her U.S. driver's license, and does not file U.S. income taxes. She only visits the U.S. once for a short vacation during this period. When she eventually tries to re-enter the U.S., immigration officials question her intent.

  Explanation: Maria's actions—selling her home, closing accounts, not filing taxes, and an extended absence with minimal visits—strongly suggest she no longer intends to live permanently in the U.S. An immigration judge would likely view this as abandonment of her LPR status, as her ties to the U.S. have been severed and her primary residence appears to be elsewhere.

• Example 2: Overseas Employment with Maintained Ties

  David, a Lawful Permanent Resident, accepts a four-year overseas assignment with his U.S.-based multinational company. Before leaving, he rents out his U.S. home but maintains ownership, keeps his U.S. bank accounts active, continues to file U.S. taxes as a resident, and returns to the U.S. for several weeks each year during his company's annual leave, spending time with family and managing his property. He also keeps his U.S. professional licenses current.

  Explanation: While David is absent for an extended period, his actions demonstrate an intent to return. By maintaining his home, bank accounts, tax obligations, professional licenses, and making regular visits, he is actively preserving his ties to the U.S. In this case, an immigration judge might determine that he has not abandoned his residence, as his intent to return permanently is evident through his actions and ongoing connections.

• Example 3: Formal Relinquishment

  Elena, a Lawful Permanent Resident, decides she wants to live permanently in her country of birth and has no intention of returning to the U.S. She visits a U.S. embassy in her home country, informs them of her decision, and formally signs a document to relinquish her green card. She then makes no further attempts to enter or reside in the U.S.

  Explanation: Elena's explicit declaration to the U.S. authorities and her subsequent action of formally relinquishing her green card clearly indicate an intent to abandon her Lawful Permanent Resident status. This is a straightforward case where her intent is not ambiguous, and she has taken direct steps to surrender her status.