A conclusive answer to whether a person who lived for 15 years (1979-1992) as a permanent resident and left the country for approximately 9 years would lose his or her permanent resident status could not be found among the sources consulted by the Research Directorate. The information that follows adds to that provided in USA35550.E of 1 November 2000 and USA35079.E of 29 August 2000.

Information published by the Bureau of Citizenship and Immigration Services of the United States refers to a Permanent Resident ("Green Card") document renewal program (USA 28 May 2003). The source indicates that this document needs to be replaced by "lawful Permanent Residents who were issued an Alien Registration Receipt Card (Form I-551), commonly known as a 'Green Card,' with a ten-year expiration date on the front of the card and the card is either expired or will expire within the next 6 months" (ibid.). It adds that applications for card renewal may be submitted "up to six (6) months prior to the expiration date on the I-551 card" (ibid.).

The Bureau also provides the following information, under the heading "Maintaining Permanent Residence":

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

-Move to another country intending to live there permanently.

-Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the US may be considered, even if it is less than one year.

-Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the US may be considered, even if it is less than one year.

-Fail to file income tax returns while living outside of the US for any period.

-Declare yourself a "nonimmigrant" on your tax returns (ibid. 11 Mar. 2003).

The Bureau includes summaries and copies of administrative decisions on immigration matters since 31 July 2000 which include appeals and other procedures relating to permanent residence. The administrative decisions can be consulted at http://www.immigration.gov/graphics/lawsregs/admindec3/index.htm.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

United States of America (USA). 28 May 2003. Bureau of Citizenship and Immigration Services. "'Green Card'" (I-551) Renewal Program." http://www.immigration.gov/graphics/fieldoffices/GreenCard.htm [Accessed 30 May 2003]

_____. 11 March 2003. Bureau of Citizenship and Immigration Services. "Now That You Are a Permanent Resident: Maintaining Permanent Residence."

Additional Sources Consulted

IRB Databases

United States of America. Consular information services, Ottawa

United States of America. Bureau of Citizenship and Immigration Services, Virginia

Refworld