Green Card Holders Staying Abroad Over 6 Months Risk Abandonment

What do you need to do to preserve your status as a lawful permanent resident (LPR)? If you are abroad for 6 months or more per year, you risk “abandoning” your green card. This is especially true after multiple prolonged absences or after a prior warning by a U.S. Customs and Border Protection (CBP) officer at the airport.

Feb. 1, 2017 update: It’s not clear whether the drafters of Trump’s Executive Order on “Protecting the Nation from Terrorist Attacks by Foreign Nationals” overlooked the fact that the entry bar for nationals seven countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) could impact hundreds of thousands of LPRs. The EO was issued without normal interagency review. During the first hours of enforcement of the EO, some LPRs were reportedly denied entry to the U.S. This led to federal court litigation and public outcry. See, for example, these stories in The Atlantic and National Review linking to our firm’s U.S. & China Visa Law Blog. On Jan. 29, DHS Secretary John Kelly and a DHS Fact Sheet awkwardly applied to LPRs the supposedly case-by-case “national interest” exception of the ban, saying that LPRs “traveling on a valid I-551 will be allowed to board U.S. bound aircraft and will be assessed for exceptions at arrival ports of entry, as appropriate.  The entry of  these individuals, subject to national security checks, is in the national interest.” On February 1, 2017, Donald F. McGahn II, Counsel to the President, wrote a memo to “clarify” that the entry ban does not apply to lawful permanent residents. This appears to be a face-saving measure that amends the EO without the embarrassment of actually having Trump sign the amendment. That’s a victory, but LPRs with ties to restricted countries should still be prepared for possibly prolonged and rigorous inspection of your person, luggage, electronic devices, and social media accounts focusing on, among other issues, whether LPR status has been abandoned, religious beliefs, and political views. Continue reading “Green Card Holders Staying Abroad Over 6 Months Risk Abandonment”

2 Million Page Views. Thank You!

2 mil viewsThe U.S. & China Visa Law Blog just hit 2 million page views since we started counting in June 2012. For a viral cat video, that’s nothing. But for us, it’s worth celebrating. It’s been a pleasure to participate in a meaningful online dialogue about U.S. and China immigration law and policy. And to spark some great offline professional relationships and friendships. Thanks!

Wall Street Journal on China’s Recruitment of Foreign Soccer Players (Quoting Gary Chodorow)

china soccer fansTrying to impress my 8-year-old son, Jacob, I told him that I was quoted in today’s Wall Street Journal about how China’s national soccer team is seeking to recruit foreign players. His response: that was an odd choice by the Journal because dad knows nothing about soccer. Sigh. Continue reading “Wall Street Journal on China’s Recruitment of Foreign Soccer Players (Quoting Gary Chodorow)”

Internship Opportunity: U.S. Immigration Law (Beijing, Shenyang, or Shanghai)

job_openingInternship positions have been filled for summer 2016. You are welcome to apply for an internship for fall 2016.

Our law firm has an internship opportunity in the Beijing, Shenyang, or Shanghai office. The intern will assist our lawyers and staff with projects related to U.S. visa, permanent residence, and nationality law. Continue reading “Internship Opportunity: U.S. Immigration Law (Beijing, Shenyang, or Shanghai)”

CNN on Jeb Bush’s “Anchor Baby” Comments (Quoting Gary Chodorow)

anchor babyMJ Lee of CNN Politics has written “5 Things to Know about the Asian Anchor Baby Controversy,” quoting attorney Gary Chodorow.

Jeb Bush was trying to dig himself out from a pile of criticism for using the term “anchor babies.” But his comments at a press conference Monday only brought heaps of new outrage. Defending himself from charges that he had used a derogatory term stereotyping Hispanics, he told the cameras that “anchor babies” were “frankly more related to Asian people.”

Continue reading “CNN on Jeb Bush’s “Anchor Baby” Comments (Quoting Gary Chodorow)”

Guide to Z Visas and Work Authorization in China

Z Visa Guide CoverThis free Guide summarizes the requirements and procedures to apply for a Z visa and work authorization in China. The focus is on positions requiring an employment license issued by a local Human Resources and Social Security (HRSS) bureau. Each step of the process is covered: employment license, visa notification letter, Z visa and entry, medical examination, work permit, and residence permit. Issues related to accompanying family members are covered as well. The Guide concludes with a discussion of additional terms and conditions of stay in China for workers and their family members. Continue reading “Guide to Z Visas and Work Authorization in China”