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Difference Between Surrender and Confiscation

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  • 08-26-2008, 12:31 AM
    agreenfield
    Difference Between Surrender and Confiscation
    I have been a Permanent Resident of the USA for many years but moved to Australia in November 2006, nearly two years ago. At first I was uncertain as to whether the move would be permanent but I now plan to continue to reside in Australia. I realize that I have now forfeited my permanent residence.

    My question is this: Is there any difference long term between filing I-407 and surrendering my green card versus allowing it to be confiscated the next time I visit the US? I will have to file US tax returns for the next 10 years if I surrender the green card (I meet the filing criteria). Is this still the case if my green card is confiscated? (I still have most of my assets in the US). Also, is there any consequence to confiscation other than possibly being put on the next plane home? Will it effect my ability to successfully apply for visa waiver when next I visit the US. Any information would be greatly appreciated.
  • 08-28-2008, 04:29 AM
    LawResearcherMissy
    Re: Difference Between Surrender and Confiscation
    Quote:

    I will have to file US tax returns for the next 10 years if I surrender the green card (I meet the filing criteria). Is this still the case if my green card is confiscated? (I still have most of my assets in the US).
    Yes.

    Quote:

    Also, is there any consequence to confiscation other than possibly being put on the next plane home?
    No. It's not illegal to forfeit - accidentally or by design - your LPR status, so there's nothing to worry about except, as you note, being sent home.

    Quote:

    Will it effect my ability to successfully apply for visa waiver when next I visit the US.
    It shouldn't.

    Obviously, if you have concerns, you should discuss them with an attorney.
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