How Does An Immigrant Lose His Or Her Lawful Permanent Resident Status?

An immigrant can lose his Lawful Permanent Resident (LPR) status when he or she demonstrates his or her intent to no longer reside in the United States as an LPR after departing the United States. In addition, abandonment of LPR status by a parent is imputed to a minor child who is in the parent’s custody and control. While LPRs are permitted to travel outside the United States, depending on the length and circumstances of the trip abroad, the trip may lead to a determination that the LPR abandoned his or her LPR status.

If the evidence suggests that an applicant abandoned his or her LPR status and was subsequently erroneously permitted to enter as a returning LPR, the applicant is ineligible for naturalization. This is because the applicant failed to establish that he or she was lawfully admitted for permanent residence at the time of the subsequent reentry and failed to meet the continuous residence requirement for naturalization.