Legal permanent residence is not permanent in the sense that it cannot be taken away. A foreigner can abandon U.S. residency by returning to live abroad, by remaining outside of the country for too long or by specifically relinquishing citizenship in the presence of a consular officer.

The Citizenship and Immigration Service (CIS) takes the position that a foreigner definitely abandons residency if they remain abroad for over one year. There are exceptions to this general rule for persons who work for the armed forces, who work for certain U.S. companies or research institutions, and for their spouses and children.

Importantly, a person may lose her LPR status by remaining abroad even less than one year if CIS can prove that the foreigner had the intention of abandoning it. In one case, a Venezuelan national was placed in removal proceedings because she did not know this. She was stopped at a U.S. airport by an enforcement officer. In response to “Why are you coming to the U.S.?” she told the officer that she was visiting her son. He asked her to write that statement and she did. A few months later, she was notified that she had to appear before an Immigration Judge. The Judge ruled that the legal permanent resident abandoned her status and ordered her removed; a resident does not “visit” her home. Afterwards, Blandon Law was able to arrange for her to obtain residency again. Her U.S. citizen son petitioned on her behalf.

Of course, Blandon Law also helps Legal Permanent Residents with the following:

• Reentry permits,
• Green card renewal,
• Proof of the legal resident status of children born abroad,
• And petitions for family members, when available