Protecting Your Green Card While Working Abroad Part 3

Additional Requirements to Maintain Green Card Status

While a Re-Entry Permit is a vital tool, it is not sufficient on its own to guarantee the preservation of your LPR status. Green Card holders must demonstrate ongoing ties to the

U.S. and comply with other obligations, including:

1. Maintaining U.S. Ties

To avoid the perception of abandoning your residency, you should maintain strong connections to the U.S., such as:

Property Ownership or Lease: Owning a home or maintaining a lease in the U.S. signals your intent to return.

Bank Accounts and Financial Ties: Keeping active U.S. bank accounts, credit cards, or investments.

Family and Community Connections: Maintaining relationships with family, friends, or community organizations in the U.S.

Employment or Business Ties: If possible, retaining a U.S.-based employer or business interests.

2. Filing U.S. Taxes

Green Card holders are required to file U.S. federal income tax returns (Form 1040) annually, regardless of where they live or earn income. You must report worldwide income to the Internal Revenue Service (IRS). Failure to file taxes can be interpreted as abandoning your residency. Consult a tax professional to understand your obligations, especially if you’re earning income abroad, as tax treaties or foreign tax credits may apply.

3. Limiting Absences

Even with a Re-Entry Permit, absences approaching or exceeding two years can raise scrutiny. If you anticipate needing to stay abroad longer, consider:
Returning Briefly to the U.S.: Periodic returns (e.g., every six months to a year) can demonstrate your intent to maintain residency.
Applying for a Returning Resident Visa (SB-1): If you stay abroad longer than the Re-Entry Permit allows and cannot return within two years, you may apply for an SB-1 visa at a U.S. embassy or consulate. This visa requires proving that your prolonged absence was due to circumstances beyond your control.