Loss Of Green Card-Overstay Outside Of The US

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Loss Of Green Card-Overstay Outside Of The
US
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At IMB Immigration Law, we provide immigration
services for Green Card petitions and consular
visa processing. Green card holders are also
called Legal Permanent Residents (LPR). LPRs
have a residency obligation in the US under which
they cannot remain outside of the US for more
than a year unless they have sought advance
permission to do so. Any LPR who returns to the
United States from overseas trip may be
questioned regarding his or her LPR status
meaning whether he or she has abandoned or given
up the LPR status. A Green card holder presents
the GC to the Customs and Border Protection (CBP)
officer at the port of entry. GC is a primary
requirement but may not be enough evidence that
the LPR is returning from a temporary visit
abroad.  Thus, the burden is on the returning
LPR to establish that his or her visit abroad was
intended to be temporary and that his or her
actions have been consistent with that
intention. Re-Entering United States In order to
be readmitted to the United States, an LPR is
required to show that he or she acquired LPR
status in accordance with the immigration law,
that he or she has lawfully retained that status
and they have not abandoned their LPR
status. Usually, one can expect the following
types of questions at the port of
entry 
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LPRs family ties, property holdings and job
location? Stable job in the US? Does the LPR have
stable employment/business or home in the
US? Purpose of visit overseas specific,
short-term activity, rather than for employment
or residence outside the United States of
indefinite duration? Time spent overseas? Filing
of Taxes resident taxpayer in US? Or a
non-resident tax payer? Pattern of travel- Is the
LPR spending some months in US every year and
majority of time overseas consistently? An LPR
returning only for brief annual visits on
round-trip tickets both originating and
terminating in a foreign country will likely face
re-entry issues CBP officer will review all or
some of the above while making decision to allow
re-entry.  If the officer is not satisfied and
decides to deny entry, the LPR can be placed in
removal proceedings if deemed to have abandoned
permanent residence. Documents- LPR Must Have An
LPR returning to the US must present either a
re-entry permit or another valid entry document
specified by regulation.  These include the
following
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A valid, Green Card ( Permanent Resident Card) or
unexpired Form I-551 A valid immigrant visa A
Returning Resident Visa A valid, unexpired Form
I-327, Permit to Re-enter the United States (a
re-entry permit) or valid, unexpired Form
I-517, Refugee Travel Document, duly
endorsed Re-Entry Permit A re-entry permit is a
passport-style travel document issued by United
States Citizenship and Immigration Services
(USCIS).  It establishes that, at the time of
an immigrants departure from the United States,
no abandonment of LPR status was intended.  An
LPR must apply for this permit before departing
from the US. LPR has to state the length of his
or her intended absence or absences and the
reasons for them. In case of an urgency to
travel, LPR may request the permit to be sent to
the US consulate in the country where LPR will be
living but this can only be done if the
application is filed and biometrics done before
departure from the US. Re-entry permits are
issued for duration of two years. If, however, an
immigrant has been absent from the United States
for more than four out of the five years
preceding the re-entry permit application, the
re-entry permit will be valid for only one year
and any subsequent re-entry permits will be valid
for only one year each. .
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A re-entry permit cannot be extended by an LPR
from outside the United States.  An immigrant
must return to the United States and apply for a
new re-entry permit before departing, since an
applicant for a re-entry permit is required to be
physically present in the United States until the
application is filed with the USCIS service
Center. Applicant should take into account both
mailing time and the time it takes for NSC to
accept the application and fee when determining
when it is safe to depart the United States.  A
re-entry permit applicant must appear in-person
at a USCIS Application Support Center in order
for the applicants photographs and fingerprints
to be captured electronically and the applicants
identity to be verified.  This biometrics
appointment will typically be scheduled some
weeks or even months after an applicant submits
the application, necessitating a second trip back
to the U.S. in some cases.  Meeting Residency
Obligation LPRs must be aware of the residency
obligation and reasons that can lead to a loss of
Green Card. LPRs who must travel should make sure
they have proper documentation to allow them to
return to the United States.  Those who are
contemplating repeated absences from the United
States, or a single absence of long duration,
should seek legal assistance. Because the income,
estate, and other tax obligations of
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permanent residents can become quite complicated
when they move abroad, both tax and immigration
counsel should be sought before leaving the U.S.
for a longer period. LPRs should be sure to file
United States income tax returns each year that
they earn income, whether or not from sources in
the United States, so that their tax compliance
documents their intention to maintain permanent
resident status. Contact IMB Immigration Law If
you have questions regarding loss of Green card,
please contact IMB Immigration Law for a free
evaluation at info_at_imbimmigrationlaw.com. The
firm is headed by Ravneet Kaur Brar  one of the
best immigration lawyers in India. She has years
of valuable industry experience helping people
immigrated to US, UK and Canada through a variety
of programs. Take advantage of her knowledge, to
fulfill your immigration dream to Canada and USA.
Visit www.imbimmigrationlaw.com today! Visit
https//www.imbimmigrationlaw.com/