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Giving Up Green Card

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  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


  6. #16

    Hello there- So I entered the United States exactly 1 year ago on my Permanent resident visa, which was Activated once I entered, stamped August 11th, 2021. I returned to HK literally a few days later, and received my Green card through mail a few weeks after. So, I am still HK, and I do not intend to return. My tax accountant files my 1040 for the Tax Year of 2021 this month(the Foreign Income Exclusion does not kick in until August) and I will file my own FBAR(we all get automatic 6 month extensions for that). So after that, I suppose I'll submit my I-407. The Green Card is Moot after 365 days out the the U.S. A shame, I suppose, but I'll need to get the confirmation of I-407 submission and let the IRS tax office know I'm no longer a Permanent Resident when I eventually file for the 2022 Tax Year- (OTHERwise I will eventually need to file a pointless tax form for 2023, etc.)


  7. #17

    Join Date
    Nov 2015
    Posts
    1,039

    wish I got that lucky with ANY lotteries

    Quote Originally Posted by johnlang11:
    Hi there,
    I'm posting this obviously in early 2022, but I am interested in knowing your experience in 'Voluntarily Abandoning' your U.S. Green card. I got my Green card just a few months prior in August 2021, through the U.S. Diversity visa lottery(no, I'm not joking). My Permanent Resident visa was actually initially set to expire in March 2021, but D.C. District judge offered a 6-month extension to all 2020DV Visa holders, as relief to former President Trump's initial travel ban(which was later rescinded by Pres. Joseph Biden, but the 6-month extension held). Anyways, I managed to make an 'activation' trip in Aug. 2021, and returned to HK just 3 days before the HK Gov increased the quarantine from 7 to 21 days- way too close for comfort. I decided to return to HK in part due to my mother's health(she suffered a lumbar spinal fracture last year). Anyways, I'm now in this situation looking ahead as if the HK gov. keeps this 3 week quarantine, I would likely Voluntarily abandon, as I do not plan to to move to the U.S. this year. As you must be aware GC holders MUST return back to the U.S. within 364 days. Apparently any absence over 6 months could lead to interrogation by Border officers there. Anyways I am interested in knowing 1) Did you still file a Tax Form the year you Abandoned(supposedly, we we would be exempt from most tax through the Foreign Income Exclusion. I have emailed the American Pacific Tax accountancy firm in HK in case I need to file before this April 15th. Secondly, did you get an advice from a U.S. Immigration lawyer like Eugene Chow here in HK before you decided to Voluntarily Abandon? I presume you would have carefully considered every aspect before Abandoning the GC, considering it cannot be reversed? Thanks a lot!

  8. #18

    True, but I didn't do anything to earn the Green card, unlike others would paid their dues and worked hard for years to get the US Green Card. I'm doing a distance MA program with a UK uni and earning good marks after putting in hard work, effort and sacrifice for submitted assignments offered me more fulfillment, in all honesty...


  9. #19

    Hello Corduroy,

    This is John again; I have successfully filed my 2021 Duel-Status Tax Form(Thank you Fergus Tong of USAsiaTax for your assistance) and self -filed the FBAR for the same tax year. The 364 day mark of my Green Card validity passed back August; I did NOT return to the US since initial entry in Aug.’21. I have decided to Voluntary Abandon the Permanent resident and Green card and send the I-407, hopefully this coming week. Needless to say, I am NOT a ‘Long-term resident.’

    I wish to know from you own experience- apparently, processing the I-407 takes around 2 months according to the USCIS website, not including shipping time of the Green card and I-407. When you filed the I-407, was the confirmed Stated date that of the Completed Processing, or the Date the USCIS received the Form? I plan to send the confirmation of my 2021 Tax File and FBAR submission as well, to give USCIS a heads-up. I hope to get that processed and confirmed by this calendar year, or else I may be perpetually filing in the future…

    On that note- it may brazen to ask this, but what would the likely repercussion be if I do not file in 2023 for the 2022 Tax year, in light that I would have already Voluntarily Abandoned the Green card and Permanent residency in 2022? Seems unfair that one would have to file again for 2022 when Permanent residency was already annulled the same year. Thank you!


  10. #20

    As a quick follow-up: this is not about paying taxes. The Foreign Income Exclusion covered me completely and in fact, I got a Tax rebate from the IRS for the 2021 tax year, no kidding. It's just the sheer time and effort to go through the whole process again next year; life is short enough already.

    shri and MABinPengChau like this.