Can you avoid being a long term resident of the US if you live outside the country on a green card?

I have a green card but have lived outside the US for 7 years and don't earn enough to file a US tax return. Do these 7 years count for the 8 years until someone becomes a long term resident and a possible covered expatriate if I ever wanted to leave?


I should mention I have a returning resident permit I renew every two years so the GC is still current

3 Answers

  • 2 months ago
    Favorite Answer

    You are asking whether you are a covered expatriate and the answer is maybe.  A green card holder who has been a lawful permanent resident in at least eight of the 15 years ending with the year of expatriation is a long-term resident. Only green card holders who are long-term residents are potentially covered expats and affected by the exit tax rules.

    If you were/are a long term resident, you will be a covered expat either because you met the definition of rich (income or net worth) or because you were non compliant with tax obligations for the five tax years before the expatriation year.  That may be your problem.

    The question is, what is your expatriation year?  You may need an expert to help you determine this.  At this point you are considered to have abandoned your greencard so simplest might be to just never to return to the US. 

  • 2 months ago

    You HAD a green card, once upon a time. Stay out of US for more than 365 days, and your green card is deemed abandoned & revoked. Furthermore, apparently you have not filed US income taxes, whether you earned a lot or not. You are not a legal permanent resident of the US.

  • 2 months ago

    If you were a US PR and you have been outside the USA for seven yours then you abandoned your US PR status not less than five years ago. 

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