Legal Definitions - abandonment (of residence)

Abandonment (of Residence) is when a person who is a lawful permanent resident (LPR) gives up their status as a permanent resident. This determination is made by the U.S. Customs and Immigration Services (USCIS). If someone has abandoned their LPR status, they are not eligible for naturalization, which is the process of becoming a U.S. citizen.

The USCIS looks at a person's intent to determine if they have abandoned their permanent residence in the U.S. If someone has left the U.S. for an extended period of time or has moved to another country, it may be considered abandonment. The final decision about whether someone has abandoned their LPR status is made by an immigration judge.

John has been a permanent resident of the U.S. for five years. He decides to move to Canada to be closer to his family. He plans to come back to the U.S. every six months to maintain his residency. However, after a year, he decides to stay in Canada permanently. The USCIS may determine that John has abandoned his LPR status because he has moved to another country and does not intend to return to the U.S. to live.

In this example, John's move to Canada and his intention to stay there permanently may be considered abandonment of his permanent residence in the U.S. This could affect his eligibility for naturalization.