Like Tree8Likes

Giving Up Green Card

Reply
Page 2 of 2 FirstFirst 1 2
  1. #11

    Dear Corduroy,

    Thank you for the reply and for sharing your experience. Yes, the 365 day rule, https://ois.iu.edu/scholars/permanen...e/absence.html, https://citizenpath.com/continuous-r...-requirements/ is one that I have been aware of from the get-go, and for me is primary factor whether I will Voluntary Abandon before August 2022. (I did not apply a Reentry Permit when I first entered the US to activate, as that would have taken a few weeks, etc., and can only be done within the U.S.) I believe you are correct about an immigration officer’s discretion if absence is between 6 and 12 months, but the 1- year rule is set in stone.

    As stated in a previous post, there is no way on God’s Green Earth that I will ever go through the process of flying over to America simply to keep my GC valid, then return back to HK and have to go through the ordeal of test after test after test and potentially be put on the front page of SCMP, HK Standard, etc., due to a potential positive COVID test(I think you catch my drift here). As MAB mentioned, it is aspects like this that make US seem like greener pastures, but as mentioned, the health of my mother here in HK is my top priority.

    Thank you for your advice regarding filing of I-407 and the fact that you still filed a ‘duel status tax return’ with the IRS the year of your abandonment. I am aware that International taxpayers have an automatic 2 month extension until June 15th, but any potential taxes will start accruing interest from April 15th (even if were are likely except through Foreign Income Exclusion). Would it be wise to settle any paperwork by April 15th here in HK? Also, I presume it would be smart to at least schedule an initial appointment with American Pacific Tax come around March just to make sure things are done correctly the first time? As mentioned, I only just got my GC last August 2021, so this would be the First time dealing with this.

    Finally, did you find it uncomfortable and even intrusive that you had to disclose all your bank account information to the IRS through the FBAR form? It’s even more that we living in HK do not benefit from any US social services, etc. I understand that having a GC carries privileges and responsibilities, but it still makes one queasy to disclose so much personal info to a government thousands of miles away.

    It’s NFL playoff season, and part of me wishes that I could have the chance to watch Tom Brady and the Tampa Bay Buccaneers take on the Philly Eagles tomorrow in sunny Tampa, Florida and enjoying a Tailgating party before the game, but alas….


  2. #12

    Dear Corduroy,

    Thank you for the reply and for sharing your experience. Yes, the 365 day rule, https://ois.iu.edu/scholars/permanen...e/absence.html, https://citizenpath.com/continuous-r...-requirements/ is one that I have been aware of from the get-go, and for me is primary factor whether I will Voluntary Abandon before August 2022. (I did not apply a Reentry Permit when I first entered the US to activate, as that would have taken a few weeks, etc., and can only be done within the U.S.) I believe you are correct about an immigration officer’s discretion if absence is between 6 and 12 months, but the 1- year rule is set in stone.

    As stated in a previous post, there is no way on God’s Green Earth that I will ever go through the process of flying over to America simply to keep my GC valid, then return back to HK and have to go through the ordeal of test after test after test and potentially be put on the front page of SCMP, HK Standard, etc., due to a potential positive COVID test(I think you catch my drift here). As MAB mentioned, it is aspects like this that make US seem like greener pastures, but as mentioned, the health of my mother here in HK is my top priority.

    Thank you for your advice regarding filing of I-407 and the fact that you still filed a ‘duel status tax return’ with the IRS the year of your abandonment. I am aware that International taxpayers have an automatic 2 month extension until June 15th, but any potential taxes will start accruing interest from April 15th (even if were are likely except through Foreign Income Exclusion). Would it be wise to settle any paperwork by April 15th here in HK? Also, I presume it would be smart to at least schedule an initial appointment with American Pacific Tax come around March just to make sure things are done correctly the first time? As mentioned, I only just got my GC last August 2021, so this would be the First time dealing with this.

    Finally, did you find it uncomfortable and even intrusive that you had to disclose all your bank account information to the IRS through the FBAR form? It’s even more that we living in HK do not benefit from any US social services, etc. I understand that having a GC carries privileges and responsibilities, but it still makes one queasy to disclose so much personal info to a government thousands of miles away.

    It’s NFL playoff season, and part of me wishes that I could have the chance to watch Tom Brady and the Tampa Bay Buccaneers take on the Philly Eagles tomorrow in sunny Tampa, Florida and enjoying a Tailgating party before the game, but alas….


  3. #13

    Hello Moderator- I posted a reply to Corduroy yesterday, but not yet approved? Please assist- I have noticed others have had their responses approved over the past half hour in other postings- Thank you


  4. #14

    I see, it looks like the 365 day rule is applicable for purposes of continuous residence regarding naturalisation. So it would take longer before one can apply for citizenship if there are long breaks in the residency, but I believe one can still keep green card status for absences over 6 months or even over one year (at the discretion of the customs officer).

    Of course, there are inconveniences and possibly costs (eg tax) for keeping the GC status, but I think as you have mentioned the abandonment is irreversible. Are you absolutely sure you don’t want to keep the option of eventually returning to the US open?

    If you abandon any time in 2022, you would file the dual status return in April 2023. Yes, do consult with professionals who have expertise with US tax. If you are sure of abandonment, you may want to have a consultation sooner rather than later to address any tax matters early and plan ahead as appropriate. As I mentioned, it is advisable to ensure one is completely tax compliant in terms of filing requirements (incl FBAR etc) and tax payments for all 5 years preceding the abandonment PRIOR to filing for abandonment.

    I see what you mean about the FBAR. Well, obligations are obligations.


  5. #15

    Hi there,
    Thanks for the reply. Regarding the 365 day rule, the US Consulate states it very clearly- https://hk.usconsulate.gov/visas/imm...sident-status/Permanent residents who depart and remain outside the U.S. for more than 365 contiguous days risk losing their status and might need to undergo the entire petition and immigrant visa process anew if they wish to re-enter the U.S. as permanent residents. Permanent residents who obtain re-entry permits from USCIS prior to their departure from the U.S. may remain overseas for up to 2 years.
    Thank you for the info regarding not only filing for 2022, on the premise that I abandon this year, but also for 2023. I’ll contact Pacific Tax in early March. Thank you again. Regards, John


Reply
Page 2 of 2 FirstFirst 1 2