Multiples ties to the United States, while abroad, help to confirm that the LPR did not abandon his/her LPR status. Examples of these ties, according to the State Department, include:
- Filing the US and state income tax returns – as a US resident
- Keeping a home/property in the US while abroad
- Keeping business affiliations in the US while abroad
- Possession of driver’s license with a US address
- “Immediate family members residing in the United States who are U.S. citizens, LPRs, or are seeking citizenship or LPR status.”
The USCIS will also consider the LPR’s connections with people outside the US including:
- “Immediate family members residing outside of the United States
- Property and business ties in a foreign country
- Employment by a foreign employer or foreign government
- Voting in foreign elections
- Running for political office in a foreign country
- Frequent and extended trips outside of the United States.”
The USCIS considers it a rebuttable presumption that a person has abandoned his/her LPR status if that person:
- “Voluntarily claims alien status to qualify for special exemptions from income tax liability”
- Doesn’t file federal or state income tax returns – on the basis the persons consider themselves to be nonresident aliens.
The presumption can be rebutted with sufficient evidence.
Additional evidence to help show a person intended to keep their permanent US residence includes:
- Keeping up the family ties – such as children or other relatives who reside lawfully in the US – attending school
- Owning or renting real or personal property in the US
“Current or recent employment or education in the United States”
When considering the abandonment issues in a naturalization application, USCIS will consider the available documentation. They may also issue a Request for Evidence for more information.