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Bill Attorney
Bill Attorney, Lawyer
Category: Immigration Law
Satisfied Customers: 1301
Experience:  Attorney
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I am in need of some quick advice from a lawyer. I became a

Customer Question

Hello, I am in need of some quick advice from a lawyer. I became a permanent resident in 2014, and that same year i Applied for a travel document to Return to the states. I assumed it would be approved and left the country soon after. Since i have been back Three times, and never been asked any questions at the border. Ive arrived With my greencard and Passport With no issues. Yesterday i found out my travel document was destroyed in july of 2015, for reasons I have no idea about.
JA: What is your official status? Was any immigration paperwork filed with the government?
Customer: now i want to know if i should abandon my status. I left the us in september last year for the last time. It appears i have sort of illegally entered the us!
JA: Have you talked to a lawyer?
Customer: my official status is now permament resident. but i dont live in the states. if i apply for an i-141 voluntarily, will they Research my entering and leaving the states.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No not really....i am planning on voluntarily abandon my green card, but i have to be able to still travel to the states, so i need to be sure they wont check when i have entered and left etc once i file the i-141
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Bill Attorney replied 2 months ago.

This is attorney Bill offering assistance to your immigration law question today.

In order to give up your green card status in the US you need to file the following:

https://www.uscis.gov/i-407

Applying for travel permission alone doesn't result in automatic loss of green card status unless you have an intention to live abroad permanently and not in the US.

USCIS can request information when your status has come into question.

Because you applied for a travel document or a re-entry permit it is likely that you were viewed to not have abandoned your status. You should file the above form with USCIS when you have no intention of living permanently in the US.

USCIS outlines the following in relation to abandonment of status :

"

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

  • Move to another country, intending to live there permanently.
  • Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
    • The reason for your trip;
    • How long you intended to be absent from the United States;
    • Any other circumstances of your absence; and
    • Any events that may have prolonged your absence.
    • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
  • Fail to file income tax returns while living outside of the United States for any period.
  • Declare yourself a “nonimmigrant” on your U.S. tax returns."

Please follow up with me if you need more information.

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Attorney Bill

Customer: replied 2 months ago.
This didnt really answer my question, as I have already read all this online.
My intention when I first left the states was for it to be temporary, but it ended up dragging out, and as we hve been very busy undergoing infertility treatment, I have totally forgotten to check on my reentry status. I thought it was for two years, meaning until july of last year, but it appears it was destroyed in july of 15. So now i have been illegally outside the states for 2 years, technically. Being that i thought i was illegally outside the states until last summer when we came back to the states for a few weeks, i thought i had up to 12 months from when i left the states in september of last year until i was considered to have abandoned my status. now thats not the case.in conclusion, i have decided to voluntarily give up my status as a permanent resident. Will they have a way of finding out how long i was outside the states before giving up my green card? And do they even care, as long as i am voluntarily giving it up?
I HAVE to be able to travel to the states still as a tourist!
Expert:  Bill Attorney replied 2 months ago.

You aren't required to notify the Department of Homeland Security of your reasons.

The application is straight forward and can be filed inside or outside the US.

If inside the US they may call you for an interview and inquire into your abandonment; when outside the US you the interview will be waived most likely.

form i-407 USCIS

remember to rate positively.

You do this by rating 5*****, 4**** or better.

This gives me a credit for my time and response.

So I hope you rate FIVE STARS today.

Best

Attorney Bill

Customer: replied 2 months ago.
If i sign up for the free trial, will this session be free? And can i cancel the trial after 7 days if i wish to do so?
Expert:  Bill Attorney replied 2 months ago.

Offers and trials depend on the terms and conditions and this should be directed at customer services not me.

http://ww2.justanswer.com/help

I only get a credit when you rate positively as I'm not affiliated with the site subscription service.

You do this by rating 5*****, 4**** or better.

This gives me a credit for my time and response.

So I hope you rate FIVE STARS today.

Best

Attorney Bill