What to do if a US permanent resident is accused of abandoning that residence?

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What to do if a US permanent resident is accused of abandoning that residence?

After a 5-month international travel, she is trying to re-enter US using her green card. However, at the passport control, the USCIS officer decides (based on some evidences) that she has abandoned her permanent residence. In this situation, what will be the worst consequence for her? Could she be taken into custody? Could she be denied entry and forced to fly out of US immediately?

Asked on October 25, 2013 under Immigration Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Given the serious issue that you have written about the person who has been accused of abandoning her American resodency should immediately consult with a competent immingration attorney. One in her locality can be found on attorneypages.com.

See below for more information about the matter writtten.

United States lawful permanent residency refers to a person's immigration status: the person is authorized to live and work in the United States of America on a permanent basis.

A United States Permanent Resident Card (USCIS Form I-551), formerly Alien Registration Card or Alien Registration Receipt Card (INS Form I-151), is an identification card attesting to the permanent resident status of an alien in the United States. It is known informally as a green card because it had been green from 1946 until 1964, and it has reverted to that color since May 2010.[1] Green card also refers to an immigration process of becoming a permanent resident. The green card serves as proof that its holder, a lawful permanent resident (LPR), has been officially granted immigration benefits, which include permission to reside and take employment in the United States. The holder must maintain permanent resident status, and can be removed from the United States if certain conditions of this status are not met.

Green cards were formerly issued by the Immigration and Naturalization Service (INS). The Homeland Security Act of 2002 (Pub. L. No. 107–296, 116 Stat. 2135) dismantled INS and separated the former agency into three components within the Department of Homeland Security (DHS). The first, the United States Citizenship and Immigration Services (USCIS) handles applications for immigration benefits. Two other agencies were created to oversee the INS' former functions of immigration enforcement and border security, Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), respectively.

Permanent residents of the United States eighteen years of age or older must carry their valid physical green card itself at all times. Failing to do so would be a violation of the Immigration and Nationality Act, carrying the possibility of a fine up to $100 and/or imprisonment for up to 30 days for each offense.Only the federal government can impose these penalties.


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