July 10th, 2023 at 12:01 am
Latest Green Card Updates July 2023 – US Immigration | Green Card Updates
In this article, we discuss the most recent Green Card situation, which is July 2023. Stay up on Green card information by reading the in-depth discussion on the most recent developments below.
Abandonment or Relinquishment of Green Card Status
There are some circumstances where people with lawful permanent resident (LPR) status may want to give up their green cards. Moving permanently outside of the United States may be required or desirable as a result of changes in personal circumstances over time and new possibilities.
Given the potential consequences of abandonment, this is not a choice to be made lightly. Long-term consideration must be given to foreign nationals.
Extended Travel Abroad
Abstention from LPR status may occur after a prolonged vacation overseas. A lawful permanent resident must live in the US permanently because any prolonged absence from the country could be interpreted as giving up their LPR status.
A decision based on facts is frequently made when determining whether a green card has been abandoned. Trips that last longer than 180 days but less than 365 days outside the US generate a rebuttable inference that LPR status has been abandoned after scrutiny at an airport. A presumption of abandonment of LPR status is created by travel lasting more than 365 days at a time.
Voluntary Relinquishment of LPR Status
This is the point at which a person decides to formally and formally renounce their LPR status. A formal record of abandonment Form I-407 is routinely filled out to voluntarily renounce LPR status. The person voluntarily, willingly, and explicitly expresses willingness to renounce or resign LPR status by submitting the I-407 form.
The Process to Submit Form I-407
A US Citizenship and Immigration Services overseas field office accepts Form I-407 by hand or by mail. Additionally, the form I-407 may be delivered to specific US consulates and embassies. Typically, the I-407 is submitted concurrently with the actual Green Card.
The form can also be given to a Customs and Border Patrol (CBP) agent at a US Port of Entry (PoE). Usually, this happens when a green card bearer goes to a PoE to request admittance but the CBP officer finds that the LPR status has been abandoned. One may choose to challenge the abandonment determination in front of an immigration judge in this circumstance.
It may be possible to request entry as a non-immigrant if the person does not desire to contest this decision, but such a request is often only allowed if the foreign national agrees to first complete an I-407.
Immigration Consequences of Losing LPR Status
After losing LPR status, either voluntarily or through abandonment, a person is subject to the same immigration laws as any other foreigner.
- To get authorized non-immigrant status and be granted reentry to the United States, it becomes required. If qualified, this usually entails applying for a non-immigrant Visa B1 or B2.
- Additionally, to be able to work in the US, one must request a visa waiver through the ESTA program. To be eligible for an employment authorization document (EAD), the person must typically be in the H-1B work authorization status.
Those who do not intend to maintain their LPR status but may need to go to the US in the future may find it advantageous to voluntarily surrender that status by completing an I-407 form. In most non-immigrant classifications, it is advised to carry a copy of the finalized I-407 when applying for admission to the US as a non-immigrant. Being proactive in the relinquishment can be advantageous when trying to establish a lack of immigrant intent, which is required for admission to the US.
Although revocation cannot be reversed, a fresh green card may be issued. The person is still free to reapply for a green card just like any other foreign national would. Immigration law for US citizens does not penalize a foreign national who previously gave up LPR status.
It should be noted that there have been a few instances where people have submitted form I-407 but afterward had their LPR status determined by a court not to have been abandoned.
Tax Consequences for Former LPRS
The loss of LPR status may have tax repercussions. Some people who give up their LPR status are subject to an expatriation tax. People who are thinking about giving up their LPR status should first seek professional tax counsel about immigration laws. Tax regulations can change, and timing is frequently a factor in how decisions will play out.
Visit Newsnowgh.com for the most up-to-date information on changes to visa criteria, prospective paths to obtaining legal residency, and others.
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