There is
a common misunderstanding that simply returning to the United States once every
six months will preclude a finding that one has abandoned his or her lawful
permanent residency. Whether an LPR has abandoned permanent residency, however,
is not based solely upon the length of time spent outside of the U.S.
Customs
and Border Protection (CBP) representatives have confirmed that "CBP
officers are less focused on the length of time abroad and more on where does
the person actually live." According to the representatives, CBP officers
will look at the totality of the circumstances, including "how many years
the person has lived in the U.S.; whether the person is employed in the U.S. or
abroad; where family members live; [and] whether U.S. taxes have been
paid."
CBP
representatives have also indicated that "[d]omicile is the major issue
for WAS CBP inspectors, so the applicant should have evidence with him/her of
where s/he lives."
The CBP
Inspector’s Field Manual (“IFM”) similarly explains that the length of time
spent abroad is not the sole indicator of abandonment. The IFM notes that other
indicators of possible abandonment are “employment abroad, immediate family
members who are not permanent residents, arrival on a charter flight where most
passengers are non-residents with return passage, lack of a fixed address in
the U.S., or frequent prolonged absences from the U.S.” In questionable cases,
the IFM advises officers “to ask for other documentation to substantiate
residence, such as a driver’s license and employer identification cards.”
