Immigration Law

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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.

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