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  • Green Card Abandonment & Taxes

    Hi all,

    I'm hoping someone here can shed some light on some concerns I have with my situation.

    I made the decision to leave the USA in 2019 after a dissolution of marriage. I ultimately felt it would be best to return to the UK to be with family as I had none in the USA.

    I have not returned to the USA since early 2020 when I travelled back to tie up some lose ends, and since then I've lived and worked in the UK.

    Sometime in 2021 I set up an IRS account to make sure I didn't owe them anything for taxes. I must point out that I have not filed any taxes in the US since I left the country.

    I've heard that some people who've abandoned their green cards, have had issues getting ESTA's approved.

    I know you can apply for the tourist visa as an alternative, but in terms of taxes and the length of time it took for me to abandon my green card - Do you think I'd have any issues going back to visit for a couple of weeks? Will there be any complications with taxes or even trouble with the law on arrival?

    Any advice or relief to my concerns would be greatly appreciated!

    Many thanks,
    Joe

  • #2
    Did you actually file I-407 to formally relinquish your permanent residency? You remain subject to US taxes on your worldwide income forever, unless and until you file I-407.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I haven't filed it yet, but will be sending it off tomorrow.

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      • #4
        If you properly abandoned your green card and are up to date with any tax obligations, you should be fine to visit the U.S. for a couple of weeks. However, there could be complications with ESTA approval due to your past green card status. If you're concerned, applying for a tourist visa (B2) might be a safer option. It’s also advisable to check with a tax professional, especially if you need assistance with Sred Tax Incentive Claim Preparation, to ensure there are no outstanding issues with the IRS.

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