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Is my lawful permanent resident (green card) status at risk of being considered "abandoned"?

Business 5 views 4 answers
I plan to apply for a student visa (either Tier 4 or Student Visitor) in the UK and spend 11 months there studying English. USCIS states that "Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country." Am I correct to assume that this does not apply to my case and my green card is safe? Thanks.

Attorney Answers

4
Kamran Makhdoom ·
If you anticipate staying outside the U.S. for a year or more, safest bet is to apply and obtain the re-entry permit.
0 upvotes
William Quirk ·
Why wouldn't you just study English in the United States? It makes no sense why you would move to another country to do this, unless you had an intention to abandon your residency here. I would suggest before you do anything to consider this, and then speak with an immigration attorney in your area. I would imagine USCIS would easily determine you abandoned if the scenario you posited to us actually took place.
0 upvotes
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
If instead of studying "English" in the UK you applied for the study of say, medicine, then not. But to study "English" in the UK...Well, one could argue you are not then serious about wanting to reside permanently in the US. Reconsider, or at the very least apply for a "Reentry Permit" and hope for the best..
0 upvotes
Glenn Johnston 1229095.Html ·
I agree with my colleagues. If you were interested in studying English, you could do that here. I wouldn't hold out much hope, but apply for the re-entry permit. It really seems that all you are doing is hedging your bets to try to get status in the UK in case your status in the US is revoked for some reason, or if you think you may want to apply to be a resident elsewhere, which, for all intents and purposes, means you will be abandoning your status. Speak to an immigration attorney for a full consultation of your options.
0 upvotes

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