Lawful permanent resident (LPR) status is a privilege, rather than a right, granted by the U.S. government. People who have been convicted of certain felonies may be deprived of this privilege.
Also, extended periods of absence from the United States may cause a loss of this privilege, although periods of absence are not, in themselves, considered unlawful activities. Generally, an LPR who has been absent from the U.S. for a continuous period of more than 6 months but less than 1 year will be required to explain the reason for their absence. In this instance, the decision is normally in favor of the alien. If the absence is for a continuous period of more than one year but less than two years, the decision from the immigration officer will more likely be to deny the alien these privileges. If the absence is for a continuous period of more than 2 years, there must be a compelling reason to allow for a decision favorable to the alien.
A solution to avoid jeopardizing permanent resident status because of an extended absence is to apply for a re-entry permit before leaving the U.S. for a period of more than six months.
For more information about re-entry permits, please click here.
A lawful permanent resident filing a tax return as a non-resident alien may lose his/her status on the basis of abandonment.
For more information about Unlawful Activities and Their Impact on Immigration, please click on one of the following topics below: