Important Reminder for Legal Permanent Residents (LPRs)!

1. Absence for More Than 180 Days but Less Than 365 Days

 - A single absence of more than 180 days (but less than 365 days) can trigger scrutiny at the port of entry, as it may break the presumption of continuous residence required for naturalization (8 CFR 316.5(c)(1)(i)). 

 - CBP has the discretion to question whether the LPR has abandoned their status. While past trends suggest warnings or voluntary relinquishment, CBP now appears stricter. However, unless the LPR has displayed a clear pattern of prolonged absences, outright confiscation or detention is not standard practice. 

2. Absence for More Than 365 Days

 - If an LPR remains outside the U.S. for over one year without a re-entry permit, their green card automatically becomes invalid for re-entry. 

 - They would need to apply for a SB-1 Returning Resident Visa at a U.S. consulate or risk losing their status. 

 - A re-entry permit (Form I-131), valid for up to two years, is the best option for those needing extended stays abroad. 

3. Impact on Naturalization

 - Any absence of “over 180 days but less than one year” creates a rebuttable presumption that continuous residence has been disrupted for naturalization purposes (8 USC 1427(b) previously under INA § 316). 

 - Absences of one year or more automatically reset the naturalization residency requirement, meaning the LPR must wait another 4 years and 1 day (or 2 years and 1 day for spouses of U.S. citizens) before applying. 

4. CBP’s Current Practices

 - There are confirmed reports of increased scrutiny, detention of LPRs and routinely confiscating green cards solely based on extended absences. 

 - However, if CBP determines abandonment of residence (based on travel patterns, U.S. ties, or intent), they can encourage voluntary surrender of the Green Card or initiate expedited removal proceedings. 

5. DO NOT SURRENDER YOUR GREEN CARD UNDER THREAT OR COERCION

-Form I-407, Record of Abandonment of Lawful Permanent Resident Status, must be signed voluntarily and not under coercion or threat. Being pressured into signing I-407 is not a valid ground for CBP to detain you.

-You have the right to request a hearing before an Immigration Judge to contest any claim that you have abandoned your status.

-If you previously surrendered your green card due to coercion or threats, you may have grounds to challenge it before an Immigration Judge.