Reentry Permit Alone Insufficient to Retain GC Status
Posted Jul 11, 2003

It generally has been BCIS / Legacy INS practice and policy that a green card holder who has obtained a reentry permit from BCIS was allowed to remain abroad for a long period of time, without being deemed to have abandoned GC status. The reentry permit, generally, had been sufficient to reenter the U.S. after lengthy absences abroad. However, in a recent case in the Fifth Circuit Court of Appeals, Zeba Moin, et al. v. John Ashcroft, U.S. Attorney General, the court held that a permanent resident must be able to show continued ties to the United States, even with a valid reentry permit.

The Fifth Circuit found that merely having a reentry permit does not guarantee that a green card holder will be found legally admissible to return to the United States if s/he is unable to show other ties to the U.S. The court stated that: “to qualify as a returning resident alien, an alien must have acquired lawful permanent resident status in accordance with our laws, must have retained that status from the time that [she] acquired it, and must be returning to an unrelinquished lawful permanent residence after a temporary visit abroad.” The court further stated, “a reentry permit, in and of itself, does not prevent a finding that an alien has abandoned her permanent residency status.” Essentially, the court held that, without any other ties to the U.S., a lengthy visit abroad is not “temporary” in nature and will result in the person's losing GC status, even if s/he had obtained a reentry permit. In the case cited, Zeba Moin and her son, Moiz Ullah, had appealed a ruling of the Board of Immigration Appeals that held that Ms. Moin had abandoned her lawful permanent resident status and was, therefore, subject to exclusion and removal or deportation.

In order to maintain permanent resident status, a person needs to maintain strong ties to the U.S. Examples of such ties are: filing annual tax returns as a permanent resident; maintaining property in the U.S., having family members in the U.S., involvement with community organizations, having an address in the U.S., even if the address may be that of a friend or relative; maintaining a valid driver’s license; maintaining bank account/s; holding credit card and other accounts; and keeping some personal belongings in the U.S. We encourage MurthyDotCom and MurthyBulletin readers who have attained lawful permanent resident status to consider these factors and retain their strong ties to the U.S. It is important to ensure the GC status, obtained through an investment of time and expense, is not lost. It is also wise to speak with an immigration attorney prior to any travel outside the U.S. that is expected to last 180 days or more.