calendar icon
SCHEDULE YOUR APPOINTMENT
Contact Us

“Returning Residents”: Have you Abandoned your Status?

“Returning Residents”: Have you Abandoned your Status?

Attention “Returning Residents”:

Many U.S. lawful permanent residents travel freely to and from their home country, but beware: those who remain abroad for more than one (1) year without permission from the U.S. Citizenship and Immigration Services (USCIS), are generally considered to have abandoned U.S. residency and are subject to loss of Lawful Permanent Resident (LPR) status.

You will be stopped upon returning to the U.S. and questioned about your prolonged stay by a Border Patrol Officer.   This officer will likely attempt to have you sign an abandonment of permanent residency form whereby you are admitting the abandonment.  Everything you say will be evidence against you in removal proceedings that will soon after be initiated. It will then be up to an Immigration Judge to determine whether you have abandoned your residency.  If so, you will be deported.

It is important to take the necessary steps prior to your return to the U.S.  In order to return to the U.S. and resume residence there, the individual may find relief as a “Returning Resident” as defined in U.S. immigration law.

To qualify as a Returning Resident, the individual must demonstrate to a consular officer that he/she departed the U.S. with the intention of returning after a stay of less than one (1) year abroad, and his/her failure to return to the U.S. as planned must be shown to have been for reasons beyond his/her control.

There are factors that can be shown to prove the intention to maintain U.S. residence, such as:

  • property maintained in the U.S. and lack of residence in home country
  • continued tax filings in the U.S.
  • financial accounts maintained in the U.S.
  • proof of reasons for prolonged stay in home country

Please Note: Conditional Residents of the United States who fail to file an application to have their conditional resident status removed are required to apply for a new immigrant visa. They are not eligible to apply to return to the U.S. as a returning resident.

You deserve to be represented by the first 100% CrImmigration Law Firm in the country

As the first and only law firm that remains 100% committed to the defense of non-U.S. citizens through criminal and immigration law exclusively, we know you best. We know what success looks like for you… You will work with a team committed to the education of their community, their colleagues and themselves.

logo-icon
logo-icon
logo-icon
logo-icon
logo-icon
Take a stand for your future,RIGHT NOW.

If you’re ready to relentlessly FIGHT for your freedom, and WON’T take “no” for an answer, connect with STERN Law today!

Follow us on FB for Current Immigration Policy/Law Updates

Call Us

    We respect your privacy

    STERN Law STERN Law
    Thank you for everything ! While everything seemed stressful and tiring, STERN Law was on top of eve...
    STERN Law STERN Law
    Great people, they listened, helped, and delivered exact what they said they would! 10/10 will be re...
    STERN Law STERN Law
    Stern Law was amazing to work with, they helped me prepare my citizenship application , answered que...
    STERN Law STERN Law
    Very professional and helpful. Always available and reliable
    STERN Law STERN Law
    Great service and staff
    STERN Law STERN Law
    Los mejores
    STERN Law STERN Law
    Stern law helped me after i was sent a deportation notice. I had a temporary green card, and when i ...
    STERN Law STERN Law
    Excelente trabajo
    STERN Law STERN Law
    SternLaw FIRM has been so helpful to me by handling my case professional, the entire staff are very ...
    STERN Law STERN Law
    💸💯% #“TOPFARM“✍🏽🎯
    STERN Law STERN Law
    My experience as a green card holder, illustrates the need to get a Crimigration Lawyer as the first...
    STERN Law STERN Law
    Thank you for giving my family the opportunity to be a client. You guys have been very supportive an...
    STERN Law STERN Law
    My collaboration with STERNLaw Firm regarded both my permanent green card application and my citizen...
    STERN Law STERN Law
    If I could only give 10 stars I would. Stern law is the best law firm I have come across in my life....
    Google
    STERN Law STERN Law
    Google
    STERN Law STERN Law
    They have an excellent team.They will take care off you all the way. Highly recommended.
    STERN Law STERN Law
    Excellent service
    STERN Law STERN Law
    i really appreciate you all for everything you guys did to restore my dead case to life again, i and...
    STERN Law STERN Law
    I love SternLaw because they have been to me Like a strong light in the midst of all this darkness o...
    Facebook
    STERN Law STERN Law
    The best at what they do never disappoint me 👍🏽👍🏽
    STERN Law STERN Law
    Very please with their service always polite and quick to respond...
    STERN Law STERN Law
    Thank you to the Stern Firm for stopping my deportation and helping me get my citizenship..The staff...
    STERN Law STERN Law
    So far so good. Stern law has been very attentive to my immigration legal needs
    STERN Law STERN Law
    Staff were attentive to my needs and very organized in their strategy in regards to my case. Recomm...
    STERN Law STERN Law
    Hello, in my experience in stern law it was very beautiful and exciting in the way that every day th...
    STERN Law STERN Law
    Hi I just wanted to say that I truly appreciated all the work that SternLaw did for me. They made th...
    STERN Law STERN Law
    Excellent
    STERN Law STERN Law
    Jessica at Stern Law is a great attorney. She is very understanding and I am very grateful toward ...
    STERN Law STERN Law
    Google
    STERN Law STERN Law
    Excellent Service!!!
    STERN Law STERN Law
    Call Now