Taking a chance on losing Permanent Residence

Thứ Sáu, 06 Tháng Tư 201200:00(Xem: 49256)
Taking a chance on losing Permanent Residence
Last week we received an inquiry about a woman who is not clear about what a Green Card is for. She seems to think it’s for tourism rather than remaining permanently in the US.
A few months after immigrating to the US, she returned to Vietnam for a six month stay. Then she came back to the US, stayed for only one month, and returned to Vietnam again. Her relative asked us what CIS will do if the woman continues to spend so much time in Vietnam.
The answer is that US Immigration will be looking at the woman’s intent. They will try to decide if she really wants to be a permanent resident of the US or if she is just using the Green Card because it’s more convenient than applying for tourist visas. If she has frequent absences from the US, Immigration could decide that her permanent resident status should be cancelled.

This lady’s relative also asked if she needs to get a Re-Entry Permit for a stay in Vietnam of more than a year. We told the relative that a Re-entry Permit allows a Permanent Resident to remain outside the US for more than one year, but less than two years. But it is important to keep in mind that every time a permanent resident returns to the US after a lengthy period abroad, CIS has the right to question intent and also the right to confiscate the Green Card.

A Re-Entry permit cannot be renewed or extended while the person is abroad. After two years abroad a new permit will be required and the application must be submitted while the person is in the US.
Will long or frequent absences affect this lady’s application for citizenship? To apply for citizenship, the applicant must have spent five years in the US. Some absences are allowed, but usually anything more than six months abroad will be added to the five years residence requirement.
For the frequent traveler, the most important thing is to be able to show CIS that there is firm intent to be a permanent resident. This can be demonstrated by limiting trips abroad to less than six months each trip. There should also be evidence showing the usual items that a permanent resident would have, such as a US bank account, credit card, driver’s license, insurance policies, and proof of property purchase or rental agreement. In short, CIS wants to see that the permanent resident is firmly established in the US and intends to make the US his or her permanent home.
Q.1. If a permanent Resident’s stay in Vietnam needs to be extended beyond one year, can s/he apply for a Re-entry Permit while outside the US?
A.1. The re-entry permit application requires biometrics (photo and fingerprints) done at a CIS facility in the US. Therefore, the application can only be submitted while the person is in the US. However, the person can leave the US after applying, and receive the permit while abroad.
Q.2. According to CIS, what is the exact amount of time a permanent resident must remain in the US to avoid losing the Green Card?
A.2. There is no exact amount of time in the CIS regulations. CIS will look at both the time abroad, and evidence that is presented to show that the permanent resident intends to reside permanently in the US.
Immigration Support Services-Tham Van Di Tru

9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933 
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888 
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388 
42 Dang Thi Nhu, P. Nguyen Thai Binh, Q1, HCM (848) 3914-7638
Thứ Ba, 04 Tháng Mười 2016(Xem: 21924)
A permanent resident who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. There is a returning resident special immigrant visa called the SB-1.
Thứ Ba, 14 Tháng Sáu 2016(Xem: 21054)
The State Department has told all consulates that they could return petitions to CIS in the US only if they had good reason to do so. This means that the consular officer must have some information that was not available when CIS approved the petition.
Chủ Nhật, 29 Tháng Năm 2016(Xem: 24149)
In the United States, if we look at Mr. Obama’s Presidential Job Approval Ratings, we see that in May this year, only 51% of Americans were satisfied with his work. His approval ratings from January 2009 till now have an average rating of only 47%.
Thứ Tư, 27 Tháng Tư 2016(Xem: 23483)
In October 2009, the President signed a new law that allows eligible widows or widowers of U.S. citizens to qualify for permanent resident status regardless of how long the couple was married. Repeat,regardless of how long the couple was married.
Thứ Năm, 21 Tháng Tư 2016(Xem: 23029)
President Obama is facing the very real possibility of a deadlock at the Supreme Court.
Thứ Tư, 06 Tháng Tư 2016(Xem: 22632)
On a recent show, we talked about residence requirements for Naturalization purposes.
Thứ Tư, 30 Tháng Ba 2016(Xem: 25203)
Every year, we bring you an update of visa activities at the US Consulate General in Saigon.
Thứ Tư, 23 Tháng Ba 2016(Xem: 22053)
During the first week of April, over 100,000 hopeful job seekers will send their H1-B applications to USCIS. CIS will return the forms and fees to more than 40,000 of these applicants.
Thứ Năm, 17 Tháng Ba 2016(Xem: 18827)
There are a number of requirements you have to meet in order to qualify for U.S. citizenship. Among the most complicated of these are the residency requirements, which look at how long you've been living in the U.S. and your immigration status during that time.
Thứ Tư, 09 Tháng Ba 2016(Xem: 19007)
On February 25, 2016, US CIS provided new guidance in the USCIS Policy Manual on the general policies and procedures for adjustment of status to lawful permanent residence.