U.S. Immigration Law
Preserving your permanent
residence in the U.S.
Once permanent residence in
the United States is obtained, it can be lost or
abandoned. If a permanent resident remains
outside of the U.S. for a period of one year or
more, permanent residence has been abandoned,
unless the resident has applied for a Reentry
Permit before departing the U.S. and this permit
has been issued before he has been outside the
U.S. for one year.
If a permanent resident
remains outside of the U.S. for six months
or more without a reentry permit,
there is a rebuttable presumption that residence
has been abandoned. This presumption can
be rebutted by demonstrating that residence has
in fact been maintained. Evidence to
demonstrate maintenance of residence
includes: ownership of a home in the U.S.;
evidence of employment in the U.S.; bank
accounts, driver's license and other documents
that indicate continued residency; family ties
in U.S.
Many permanent residents
incorrectly believe that if they leave the U.S.,
but return for a short period every six months,
they will not lose their permanent
residence. This is not so. Residence
will be considered to have been abandoned if
these residents have no ties to the U.S. that a
resident would normally have: a home,
employment, a car, driver's license, etc.
The burden is on the resident to prove that he
or she has not abandoned residence.
Reentry Permit
The immigration regulations
allow for a permanent resident to remain outside
the U.S. for a period of up to two years without
abandoning residence by applying for and
obtaining a reentry permit from the USCIS
Nebraska Service Center. The resident must
apply for the permit before departing the U.S.
and the permit must be issued before he or she
has been outside of the U.S. for one year.
It is possible to renew the reentry permit for
an additional two year period if it can be shown
that the reason for remaining outside the US is
temporary in nature and that the resident's
clear intent is to maintain residence in the
U.S.
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