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PDF Editor FAQ

If the customs officer asks me "how long are you staying in the U.S.?", can I answer "I am a permanent resident/I have a green card. I am going back home"? Also, if he asks "what's the purpose of your visit?", can I answer "to see my daughter"?

It would be uncommon for a green card holder to be asked, at immigration, “how long do you plan to stay in the United States?” since an LPR is required, as a condition of maintaining lawful permanent resident status, to plan to remain in the United States indefinitely. If you are incongruously asked this question, you should respond, with some degree of incredulity, “I live here” or some other thing clearly imparting the same intention. Any other answer may lead the inspector to conclude that you may have abandoned your US permanent residence.Similarly, you should not be asked for the purpose of your visit since as a lawful permanent resident you are not “visiting”, you are returning to your home. If you state that your purpose is to visit your daughter when you are a permanent resident, again, this may lead the inspector to conclude that you are maintaining a permanent residence outside the United States and have thus abandoned your US permanent residence.If you, as a returning permanent resident, are asked these questions, the inspector is being careless or lazy, you have attempted to enter the US without using your green card (although I am uncertain how you would do this since you would either have to have a nonimmigrant visa or an ESTA, but all your nonimmigrant visas would have been cancelled when your immigrant visa was issued or adjustment of status approved, and it is impossible to obtain an ESTA when you are in LPR status), or he or she is deliberately trying to trick you into confessing that you have abandoned your permanent residency. If you are a lawful permanent resident, you must present your proof of permanent resident status (that is, a green card, counterstamped immigrant visa, or other I-551 document issued by USCIS) when entering the United States.

I'm a green card holder. Do I need to notify USCIS that I have a new passport?

No, you are not required to notify USCIS when you renew a foreign passport. You’re not even required to notify them should you somehow gain a new foreign nationality or lose your current foreign nationality; as a lawful permanent resident your rights and privileges in the US are almost entirely defined by that status. Furthermore, there is no mechanism for doing so; since your green card does not reflect your nationality (it only reflects your country of birth), you do not need a new green card in this situation and so there isn’t even a voluntary process for making such a report.Note that you don’t need a foreign passport to enter the United States as a lawful permanent resident, renew a green card, request a replacement or amended green card (due to a biographic change such as a change of name), or apply for naturalization. Once you have a green card, it (not your foreign passport) becomes the preferred document for identifying yourself in interactions with the US federal government.The only thing you have to notify USCIS of in a timely manner, as a lawful permanent resident, is any change in your address.

How long are you considered a "US person" for tax purposes if you live many years outside of the USA?

It depends on why you were a US person for tax purposes in the first place.If you were a US person for tax purposes due to having US nationality, you remain a US person for tax purposes as long as you continue to hold US nationality, no matter how long you reside outside the United States. US nationals are always US persons for tax purposes. Thus, in this case you will remain a US person for tax purposes until you renounce US nationality (or you die).If you were a US person for tax purposes due to having been a lawful permanent resident, you will remain a US person for tax purposes until either you formally relinquish your lawful permanent resident status, or you are administratively or judicially determined to have abandoned your lawful permanent resident status. Neither of these things will happen automatically through the mere passage of time; you must either affirmatively abandon your status (by filing Form I-407) or do something that leads USCIS, CBP, or a US federal court to determine that you have abandoned your status. Thus, in this case you will remain a US person for tax purposes until your prior lawful permanent residence is formally abandoned (or you die).If you were a US person for tax purposes due to having met the “substantial presence” test, you will cease to be a US person for tax purposes on the first day after the last day that you were present in the United States as a US person for tax purposes, provided that, for the entire subsequent tax year, you do not again become considered a US person for tax purposes due to the “substantial presence” test. Thus, in this case of a person neither a US national nor a (former) US lawful permanent resident, who has permanently left the United States, you ceased to be a US person for tax purposes immediately on departing the United States for the final time.If you are a US person for tax purposes because you have made a voluntary election to be considered a US person for tax purposes in a situation where you were not legally required to, that status will, in general, persist until you formally revoke that election in accordance with the procedures designated by the IRS for doing so, or when the election terminates on its own according to the IRS regulations applicable to that particular election.

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