Abandonment of Lawful Permanent Residency

  • What is Abandonment of Lawful Permanent Residency?

The abandonment of lawful permanent residency occurs when a person has left the United States and no longer has the intent to reside in the US as a lawful permanent resident. This term also applies to parents who abandon their lawful permanent resident status, as their choice of abandonment is then passed down to their minor child or children as long as the parent is in custody of them.

LPR's are allowed to leave the United States, however they must be very careful of the length of their stay because under certain conditions- this may result in an abandonment of their LPR status. Abandonment of residency affects the process of naturalization as well considering the criteria of continuous physical residence in the United States. With LPR status being abandoned, this demonstrates that the individual did not continually reside in the United States and therefore does not qualify for naturalization.

Removal proceedings are result of the failure to meet lawful permanent resident requirements, this is when the final hearing will take place determining whether or not the LPR has abandoned their status.

  • Factors to Consider
  • The length of absence from the United States: Any short-term say abroad does not mean the lawful permanent resident has abandoned their status, however the longer that they stay abroad, the more likely it is that USCIS will consider this outside travel an abandonment of residency.
  • The reason for leaving the United States: USCIS will consider the purpose of the trip along with its' importance. For example, visiting an ill family member such as ones parents who live outside of the United States would be an valid reason in leaving the United States.

For legal assistance in obtaining a returning visa, our office today as we strive to help guide you with your specific case. 

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