The article addresses the question, does a short stay establish a “residence” for purposes of the Immigration and Nationality Act (INA)? This may seem like a trivial question, but it comes up in many contexts for U.S. immigration cases. For example, the following forms all appear to ask about residence history: INA § 101(a)(33) defines… Continue reading Does a Short Stay Establish a “Residence” for Immigration Law Purposes?
Category: Maintaining LPR Status During Stays Abroad
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)? This question is critical now more than ever for persons unable to travel due to the coronavirus (COVID-19) pandemic or related travel restrictions. U.S. Customs and Border Protection has not provided any special guidance related to readmission to the… Continue reading Green Card Holders Staying Abroad Over 6 Months Risk Abandonment
USCIS Update: Biometrics Appointment Delays
In a December 29, 2020 Stakeholder Message, U.S. Citizenship and Immigration Services (USCIS) provided an update on biometrics appointment delays at Application Support Centers (ASCs) due to COVID-19. USCIS collects biometrics for certain kinds of applications, including but not limited to: Form I-485, Application to Adjust Status Form I-131, Application for Travel Document (including reentry permit)… Continue reading USCIS Update: Biometrics Appointment Delays
Can USCIS Reuse Biometrics Submitted Previously?
If an individual previously submitted biometrics in connection with a prior application, can USCIS reuse those biometrics in connection with a new application? USCIS requires biometrics appointments in connection with various types of applications, such as for adjustment of status (Form I-485), reentry permits (Form I-131), employment authorization (Form I-765), and naturalization (Form N-400). Once… Continue reading Can USCIS Reuse Biometrics Submitted Previously?
Protecting Your Permanent Resident Status: Best Practices for Avoiding Abandonment
LPR status can be lost by making a trip abroad that’s not “temporary.” Learn best practices for keeping your green card and what to do if problems arise.
Guide to Form I-407, Record of Abandonment of Lawful Permanent Resident Status
1. Introduction Form I-407, Record of Abandonment of Lawful Permanent Resident Status, is designed to serve as a person’s abandonment of status as a lawful permanent resident (LPR) of the United States. Many persons are under the mistaken belief that simply because they have moved abroad or their green cards have “expired” they are no… Continue reading Guide to Form I-407, Record of Abandonment of Lawful Permanent Resident Status
New USCIS “Travel Document” to Replace Reentry Permits and Refugee Travel Documents
USCIS has announced that a new “travel document” will replace reentry permits and refugee travel documents. The USCIS’ purpose is to have a document more secure against tampering, counterfeiting, and fraud. The new document went into production on Oct. 24, 2019.
Making a Congressional Inquiry for Help with Your Immigration Case
If you are having problems with your immigration case, a member of the U.S. Congress may be willing to inquire with a Federal immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) on your behalf.
Guide to Reentry Permits
If you are a U.S. lawful permanent resident (LPR), there are at least three situations where applying for a reentry permit may be beneficial: (a) if you will be abroad for one year or more; (b) if you will be abroad for more than six months for two consecutive years; and (c) if you have… Continue reading Guide to Reentry Permits
AmCham China Addresses U.S. Visa Policy in 2018 White Paper
2018 is a historic year for American companies operating in China: as China marks its 40th anniversary of economic reform and opening, AmCham China is issuing the 20th edition of its American Business in China White Paper. This paper is a comprehensive assessment of the operating environment for foreign companies in China. It was a… Continue reading AmCham China Addresses U.S. Visa Policy in 2018 White Paper
LPR Living with a Citizen Spouse Employed Abroad by an American Company: Any Risk of Abandonment?
Karen writes to ask: I am a U.S. green card holder, but I live in Asia with my husband, who is a U.S. citizen employed here by an American company. Is there any risk that I may unintentionally lose my LPR status because I am spending too much time outside the U.S.?
Can a Green Card Holder Who’s Been Overseas for 6 Months Apply for Naturalization?
A reader asks, “Can a green card holder who’s been overseas for 6 months apply for citizenship?” In short, maybe. It depends on the specifics of your situation. The General Rule To be naturalized as a U.S. citizen, an applicant must ordinarily prove that “immediately preceding the date of filing [their] application for naturalization [they… Continue reading Can a Green Card Holder Who’s Been Overseas for 6 Months Apply for Naturalization?
Biometrics Appointments for Reentry Permit Applicants Living Overseas
Are you an U.S. green card holder living temporarily abroad who has applied for a reentry permit? You have several options for dealing with the hassle of attending the USCIS biometrics appointment: expedite, walk-in, reschedule.
Rights and Obligations of Lawful Permanent Residents
This memo summarizes the rights and obligations you have upon becoming a U.S. lawful permanent resident (LPR), also known as a “green card” holder.
USCIS Fee Increase
U.S. Citizenship and Immigration Services (USCIS) has announced it is raising fees an average of 10%, effective Nov. 23, 2010. The agency is primarily fee-based, with about 90% of its budget coming from applicants and petitioners seeking immigration benefits. The agency justifies the fee increase as a way to recover costs after fiscal year 2008… Continue reading USCIS Fee Increase
Tax Issues Spur Some Permanent Residents to Relinquish Their Green Cards
A growing number of lawful permanent residents (“LPRs” or “green card holders”) are relinquishing their status. According to the below article from South China Morning Post, the main reason is the costly and complex U.S. tax system. Both U.S. citizens and permanent residents are taxed based on their worldwide income, including income earned abroad. As a result,… Continue reading Tax Issues Spur Some Permanent Residents to Relinquish Their Green Cards