Law Offices of Robert J. Jacobs, P.A.

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.