Revocation of Green Card An Issue Often Posed to Top Immigration Lawyers
The problem of when and how a green card can be revoked is an issue often raised to top immigration lawyers. One way a lawful permanent resident may lose their green card is through the commission of an offense which makes them removable beneath the Immigration and Nationality Act. They are given a chance to defend their green card status in removal proceedings before Immigration Judges. Seeking representation of an immigration law firm familiar with immigration laws and procedures could possibly be the difference between an individual retaining or losing their green card status.
Another way a lawful permanent resident may lose their green card is if they are deemed to possess abandoned their U.S. residency status. The problem of abandonment of lawful permanent status has many layers and will be difficult to understand. Some say it really is the most confusing immigration concepts in the immigration laws. Once one has either obtained immigrant status at a U.S. embassy abroad or has successfully adjusted status compared to that of legal permanent resident in america, their status could be compromised as a result of a prolonged stay beyond your U.S. A common question asked of Florida immigration lawyers is "How long may I remain beyond your U.S. without losing or abandoning my green card status?"
Two general concepts help to answer this question:
1. A six month stay outside the U.S. creates a rebuttable presumption that a lawful permanent resident has abandoned their status.
2. A twelve months stay outside the U.S. creates an irrebuttable presumption of abandonment of status. The exception is where in fact the lawful permanent resident obtains a Reentry Permit or perhaps a Returning Resident Visa. Reentry Permits and Returning Resident Visas could be the subject of another article.
The keys to determining abandonment of resident status will be the individual's "intent" to abandon status and if the trip outside the U.S. is in fact "temporary" in nature. UK IMMIGRATION LAWYER IN UNITED STATES is the lawful permanent resident who sets from a temporary visit to his or her home country with the intent to go to a parent. While away, the parent becomes gravely ill causing the lawful permanent resident to increase his / her stay longer than initially planned. A charge of abandonment is probable defensible in this example as the resident's intent was always to return to the U.S. and the trip, albeit longer than expected, was always temporary in nature.
A standard misconception is that brief visits to the U.S. once a year while spending many years abroad will guard against an abandonment charge. UK IMMIGRATION LAWYER IN US . Department of Homeland Security's (DHS) determination of whether one has abandoned lawful permanent resident status because of foreign travel depends on several factors, only 1 of which is the number and amount of the trips outside the USA. Other factors include, but are not limited to, whether the trip had a specified beginning and end, compliance with all US tax obligations, family, business, and property ties in america, and how many years the lawful permanent resident has resided in immigrant status in the U.S. before participating in the lengthy foreign travel.
If a lawful permanent resident intends to take prolonged trips outside the United States, it could be prudent for see your face to consult with a qualified immigration attorney to ensure lawful permanent resident status is not compromised or lost.
