Maintaining Green Card Status (Even When Temporarily Living Outside the US)

As an immigration attorney, it gives me great joy to tell our clients that their Green Cards (giving them permanent residency status in the US) have been approved. My husband is himself a Green Card holder so I know firsthand how important the freedom and security that permanent residency in the US provides for immigrants; at the same time, it’s also important for Green Card holders to know their rights and responsibilities as permanent residents—including how to maintain their permanent residency to ensure that they keep their Green Cards and, if they so desire, apply for citizenship down the road!  

The following dialogue is a fictional example of a conversation I often have with our clients about maintaining permanent residency.  (No Daryanani & Bland client information is used or revealed and any similarity to real people is entirely coincidental!).

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New York Times: "Why I'm Giving Up My Passport"

Jonathan Tepper is giving up his US passport. The founder of Variant Perception, a macroeconomic research company, has spent most of his life abroad, but as an American citizen he is still required to fulfill "onerous financial reporting and tax filing requirements that are neither fair nor just." Mr. Tepper is scheduled for an "in-person final loss of citizenship appointment" at the US Embassy early next year. He will keep his British passport, obtained in 2012.  With the renunciation of his US citizenship, he will join the 3,000 Americans who gave up their citizenship last year, a number that is expected to grow this year and next, even as the cost for renunciation of citizenship has increased dramatically from $450 to $2,350.

The reason, Mr. Tepper explains, is the unusual US tax laws that apply to American citizens and companies no matter where they are physically located. He notes that America is the "only country (except, arguably, Eritrea) that taxes all of its citizens on worldwide income rather than where the income is earned. Expatriate Americans have to pay taxes once, wherever they live, and then file again in the United States." Even if no taxes are owed (the IRS doesn't tax the first $97,600 of foreign earnings), many expatriates must pay thousands of dollars to accountants to navigate the complicated rules.

The US government has been taxing Americans living abroad since the Civil War, when it did so to prevent Americans from fleeing to Britain to avoid taxes. The recent Foreign Tax Account Compliance Act, which requires foreign financial institutions to report certain assets held by American clients or face severe penalties, has led to the refusal of many foreign institutions to take on American clients and arguably to the upsurge in Americans renouncing their US citizenship.

Mr. Tapper writes: "The founders agreed on 'no taxation without representation.' Why can't Congress?"