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Category: Family Immigration

  • Abandonment of Green Card (Permanent Residence)

    Are you a permanent resident who travels outside the US frequently and for long periods of time? If that’s true, you are running the risk of abandonment of your green card (permanent residence).

    What Is the Risk of Prolonged Travel outside of the US in Abandonment of Your Green Card?

    For trips that last between six months and one year, those trips create the presumption of abandonment of your green card. For trips longer than one year outside of the US your green card becomes invalid and you may not be able to come back.

    What Happens at Passport Control?

    Border Patrol (CBP) officers have a lot of discretion and if they think that you’ve abandoned your green card, at your next trip they may serve you with a “Notice to Appear.” That will refer you to an Immigration court. Referring you to an Immigration judge starts the removal case against you. In removal proceedings, you will need to prove why you did not abandon your status.

    People travel often thinking that by traveling frequently they are helping themselves by decreasing the risk of abandonment, but that is not true. Talk to an experienced immigration lawyer and find out what the risk is by traveling and in abandoning your green card.

    If questions arise CBP may take you to a separate area for “secondary inspection.” That by itself is not an adverse action, but you may be at the secondary inspection room for as much as a few minutes to several hours or longer. AILA created a very helpful brochure, which you can use as a reference point. You can access the brochure here.

    Know Your Rights if You Are Called into Secondary Inspection!

    If you are detained by CBP in secondary inspection, you have the following rights:

    • You can contact your consulate. The consulate can then contact a lawyer or your family.

    • If you have a lawyer, you can contact your lawyer.

     • You have the right to review all written statements.

    • you may refuse to sign anything presented to you.

    • CPB may search all your belongings – including your purse, bags, electronic devises, wallet, etc.

    The question is if CBP will qualify you as a  “returning resident,” which would be great because then it means you passed the test and they will admit you to the US.

    However, if CBP labels you an “arriving alien” – that will be not such great news.

    Arriving aliens are those who:

    • Have abandoned their LPR status;

    • Have been absent from the U.S. for more than 180 days in a row;

    • Committed crimes after departing the U.S.;

    • Departed the U.S. while your removal case is pending;

     • Committed certain criminal offenses; or

    • Are attempting to enter without inspection.

    What Does It Legally Mean Being an “Arriving Alien” When Evaluating Risk of Abandonment of Green Card?

    You have a right to a Hearing before an Immigration Judge. If you are labeled an “arriving alien,” then you may be charged as removable from the United States. LPRs that are charged as removable have the right to a hearing before an immigration judge. Only an immigration judge can formally strip you off of your Permanent resident status.

    Do not sign any documents presented to you by a CBP officer unless you have had a chance to review them with an attorney.

    Contact us for a consultation today.

    @immigrationlawyer_usa

    Travelling while permanent residence is pending #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #inmigracion #abogadodeinmigracion #residencia #asilo #residencia #greencard #permanentresidency #usagreencard #usaimmigration

    ♬ original sound – Gergana Genova

  • Another Immigration Reform Defeat

    The Senate parliamentarian nixed the most recent ambition from Democrats to include immigration reform in the social spending bill

    Why did yet another Immigration Reform proposal fail?

    The Senate Parliamentarian said the immigration reform plan to let 6.5 million immigrants to apply for work permits and protection from deportation will not pass through the budget reconciliation process.

    The budget reconciliation process allows bills to pass by a simple majority of senators. Democrats are using  the reconciliation process because it avoids a GOP filibuster. Budget reconciliation bills can pass the Senate by a simple majority of 51 votes, or 50 votes plus the VP’s. 

    What is the Build Back Better Bill?

    The House passed the social spending bill last month. The bill included a provision for work permits and temporary protection from removal for undocumented immigrants who were in the US before January 2011.  In her ruling, the parliamentarian specified that the provision did not comply with the chamber’s rules.

    The Build Back Better bill is an extensive package which includes free preschool, climate change initiatives, and programs for affordable housing.  The House passed the legislation mid-November. 

    What are the alternatives now?

    The Democrats are now trying to figure out what options are left.  With immigration reform talks stalled, the social spending bill was the best chance to enact immigration reform. But the latest rejection of the efforts leaves the party with few alternatives.

    If the provisions were to be accepted, that would have created about 6.5 million people eligible to be protected from removal and also able to obtain a work permit for a 5-year period.

    The Senate parliamentarian nixed the proposal. Now Democrats cannot achieve legal status for the 6.5M individuals through the social spending bill.

    Naturally, Chuck Schumer along with other Democrats stated that they “strongly disagree” and promised to use every means to realize a “path to citizenship.”

  • 60-day Rule for Medical Exam Temporary Waiver – a Good News For Adjustment of Status

    A great USCIS update.  Up until now, the medical exam which goes with the adjustment of status application should have a civil surgeon signature within 60 days of mailing the application.  USCIS is temporarily amending this policy. So  until September 2022 the 60-day policy is no longer valid.

    Why is this update such great news?

    Because it makes submitting the Adjustment of status application much easier. The medical exam have a date by a civil surgeon even outside of the 60-day period. I find this helpful for clients. Why? Because when clients start the adjustment of status application, they think they have all their ducks in a row and then rush to get their medical exam. However, oftentimes, there may be an unexpected issue.

    What prevents sending an Adjustment of Status application expeditiously?

    For example, a necessity for a joint sponsor, or unavailability of certain documents. Those delays make submitting the whole application package beyond the 60-day requirement. However, the medical is sealed and a copy not always available.  Oftentimes, the adjustment of status application is submitted with a medical exam which outdates the 60-day requirement. So then, what happens is that USCIS sends a request for evidence (RFE) for a new medical. Receiving a RFE is never pleasant. It involves unnecessary stress on the clients, and it delays setting the matter for an interview and the issuance of a work permit.

    How long is the medical valid for in general?

    Once the civil surgeon signs the medical report, it is valid only for 2 years from the signature. So, until September 30, 2022 you can take your time in submitting the Adjustment of status application. But bear in mind that if the interview is set for over 2 years in the future, you may still need to get an updated medical and thus pay the medical exam fees twice!