Can you regain an "abandoned" green card?

Bankruptcy and Debt 1 views 3 answers
I received a green card in 2009. I left the US in January 2012 and moved to Australia. We are considering returning to New York at the end of the year (almost 2 years since I left). I have heard from the immigration lawyer that the green card is now considered "abandoned". While I could still enter on a spousal G4 visa, is there any recourse for not abandoning the green card (I lodged a tax return in the US at the start of 2013, which it now sounds like I didn't need to since the green card was already abandoned at that stage)?

Attorney Answers

3
Gary Chodorow ·
I'm not sure I understand all the facts, but be careful because not all U.S. immigration lawyers understand the rules related to abandonment. You say you left the U.S. in January 2012. that doesn't necessarily mean you "abandoned" your LPR status. There are a couple ways to definitively now you've abandoned LPR status: either voluntarily filling a Form I-407 or having an Immigration Judge determine that your status has been abandoned. In the absence of those two things, you may or may not have abandoned LPR status due to your stay abroad. The key question is whether that stay was "temporary." See the linked article for more details. Finally, please note that if you have definitively abandoned LPR status then you can't re-activate your LPR status--you would need to reapply for LPR status.
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