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Guillermo J. Senmartin, Esq., Immigration Lawyer
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Legal Permanent Residency

Permanent residency refers to a person's visa status: A person with a permanent resident status is allowed to reside indefinitely within a country of which he or she is not a citizen. Below are five of the top permanent residency related legal questions that have been answered by Experts.

If someone has permanent residency status and they have spent more time in Ecuador than in the US over past 2 years, but they return to US about every 6 months to keep the residency requirements going will citizenship be granted if its applied for?

A Lawful Permanent Residency is for someone that intends to permanently reside in the U.S. and is actually doing so. Not for someone that is just coming to the U.S. to visit from time to time. This is why they call it Residency because you are supposed to be residing in the U.S. Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more in one year creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. driver’s license, U.S. bank accounts with significant movement, etc.

If someone applied for US permanent residency while they were on a F-1 visa, but left the US and returned to Jamaica their home country can they travel to the US for work while permanent residency application is pending with a B1 visa with a single entry for four months?

All you need is your b1 to travel to the United States. Advance parole is for when you are in the US and the I485 adjustment of status has already been filed and you need to travel outside the US.

If someone has lost their permanent residency card and needs it replaced, but does not know the admission date or have their physical card how can they get their residency card replaced?

The first thing you should do is to figure out to whom you might have given a copy of the green card. If a lawyer helped obtain the green card, they may have a copy. If you have applied for a social security number or a driver’s license, they may also have kept a copy. Another option is you make an appointment with INFOPASS and you should bring your ID and talk to them and ask them for these questions. They must be able to give you this information at the INFOPASS appointment so long as you have two forms of ID to prove your identity.

If someone failed to appear in court on a felony charge, and has become a fugitive in their native country, will this affect their immigration status?

Their status as a Resident would be lost if they are convicted of this crime. Since they cannot get a conviction until their return to the US, they will be able to come back on their residency card, but they will be arrested upon entry because of the warrant of arrest. However, if they stays out 180 days to 1 year, that would be considered abandoning their residency and would lose the status.

Can someone waiting for a US permanent residency travel outside the US on only a green card or are there other documents needed.

They will need their passport in addition to their resident alien card if they are a permanent resident. The resident card is nothing more than a visa - a visa allowing her to resident permanently in the US. As with any visa, one needs a passport. If they are waiting for their resident status interview and has advance parole document, that replaces a visa, as well, but they will still need a passport.

Not every country necessarily has a facility for someone to achieve a 'permanent resident' status. Other countries have varying forms of such residency and relationships with other countries with regards to this status. If you are not sure what you need to reach permanent resident status, you can ask an Expert to evaluate your case details and provide answers that could help you determine the best course of action available to you.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 35169
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
Immigration Lawyers are Online Now

How JustAnswer Works:

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    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Immigration Lawyers are online & ready to help you now

Guillermo J. Senmartin, Esq.
Immigration Lawyer
Satisfied Customers: 30464
10+ years of experience in various aspects of U.S. Immigration Law.
Georgetown Lawyer
Immigration Lawyer
Satisfied Customers: 8543
10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
Wilton A. Person
Immigration Lawyer
Satisfied Customers: 3550
Knowledgeable and experienced immigration lawyer.

Recent Permanent Residency Questions

  • I just had an issue entering the US at IAD airport. I have

    I just had an issue entering the US at IAD airport. I have a permanent green card. I had an old conditional expired one still in my posession. The customs officer at the airport demanded to see my green card in addition to my passport. I got it out of my wallet and he peekd in there and saw the old one, demanded to see it and confiscated it. He told me I was not allowed to be in posession of an old expired one. My question is, is this true??? And if it is not true where can I find it written that I can indeed keep my old expired green card.
    This person was on a power trip, I did not want to create a scene, but if he had no right to take it I will go back to file a complaint about him.
  • My wife came to USA in B1/B2 visa and then we got married,

    My wife came to USA in B1/B2 visa and then we got married, she overstayed in USA and I just got my US citizenship this month. When I say she overstayed, I mean she stayed for 4 years after the expiration of her visiting visa. She has an approved I-130
    in May 2011, priority date is Dec 2010. The I-130 is based on her marriage to me and supposed to get interview in the US embassy at her home country, no interview ever scheduled. What is the best step we can do to have her US Green Card?
  • Hello, my question is, I have a girl friend that lives in China,

    Hello, my question is, I have a girl friend that lives in China, we have been together for a year now. If see comes to the USA, can I marry her? an can she stay here until we get a green card?
    Thank You *****
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