Overstayed Green Card Philippines
Consequences of Overstaying on a U.S. Green Card
When a foreign national becomes a U.S. lawful permanent resident (LPR), commonly known as a green card holder, there are rules governing their stay, both within the United States and during travels abroad. Overstaying or abandoning one’s green card can lead to severe immigration consequences, including removal proceedings and revocation of the green card itself.
Abandonment and Presumption of Abandonment
When a green card holder leaves the U.S. and stays abroad for an extended period without obtaining a Reentry Permit or Return Resident Visa, U.S. authorities may consider this as "abandonment" of the green card. The same may be presumed if the individual takes up residence in another country, such as the Philippines.
Penalties and Removal Proceedings
An overstayed green card could lead to a removal proceeding, commonly known as deportation. Upon entry to the United States after a long absence, Customs and Border Protection (CBP) officers may question the individual’s intent and examine their ties to the United States. Failure to provide adequate justification can lead to immediate removal or initiation of removal proceedings.
Legal Remedies
Reentry Permits: Before leaving the U.S. for an extended period, a green card holder can apply for a Reentry Permit which allows them to stay outside the U.S. for up to two years without abandoning their status.
Relinquishment: Voluntarily surrendering the green card before leaving the U.S. can prevent the initiation of removal proceedings. However, this will also terminate one’s LPR status.
Defensive Proceedings: If removal proceedings are initiated, the individual can present a defense through legal representation, showcasing their ties to the U.S. and reasons for the extended absence.
Effect on Naturalization
Overstaying abroad can also affect eligibility for naturalization. Absences from the U.S. for more than six months can disrupt the continuous residence requirement, making it more challenging to become a U.S. citizen.
Advice for Green Card Holders in the Philippines
For green card holders residing in or visiting the Philippines, it's crucial to maintain strong ties with the United States to avoid the risk of abandonment. Always consult with immigration lawyers to understand the implications and your rights before taking any step that could jeopardize your LPR status.