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Permanent Resident Status

Permanent Residents are people who are issued a green card that allows them to stay in the United States on a permanent basis. The green card is valid for 10 years and should be renewed or replaced with a new green card before the expiration date. The green card provides proof that the card holder has legal authority to live and work in the United States. The green card holder must maintain his/her permanent residence status and comply by the provisions set by the USCIS (United States Citizenship Immigration Services). Failure to comply with all conditions could result in deportation. To learn more about permanent resident status, look at the questions below regarding permanent resident status that have been answered by Experts.

Can a Greek citizen re-apply and when for a B1/2 visa to travel to Florida for 5-6 months to visit their permanent child?

The parent can re-apply at anytime. The individual doesn't have to wait for a set period to do so. It may be possible for the parent to attach the evidence that they live in Greece, and that is where the parent is going to return to once the visit to their child is up.

In some cases, if the person adds additional documentation to the visa application, a refusal can be turned around. Before re-applying, try to speak with the consulate and explain that you have more documentation that would establish the parent’s eligibility for the visa. The legal resident could send an invitation letter, bank statements, tax returns and an Affidavit of support to the consulate. This will greatly increase the parent’s chances of success. Of course, in most cases, these steps are completed in the original application process.

If the consulate will not allow the additional information to be added to the original application, simply re-apply and add the new information and documentation to the new application.

As a permanent resident, can I sponsor my parents, who have entered the country legally as tourists (their visa runs out on March, 2008)? If so, do they have to leave or can they stay after their visa runs out until a decision has been made on their petition?

A U.S citizen can be a sponsor. Below is a list of which foreign national family members that can be sponsored.
1. The sponsor can petition for a wife or husband;
2. Unmarried child under 21 years of age
3. Unmarried son or daughter over 21 years old
4. Married son or daughter of any age
5. Brother or sister, if the sponsor is at least 21 years old; or
6. Parent, if the sponsor is at least 21 years old.

You have to be a U.S. citizen to sponsor a foreign national family member. Your status as a permanent resident will not be enough to qualify you for the sponsorship and the petition will probably be rejected. Your parent's status will be illegal after their visa's run out in March. Your parents will not be forced to leave the United States without a deportation process.

If an individual is a permanent resident from Canada until 2021 and is married to an American, upon divorce will this jeopardize the permanent resident’s status?

If your green card is in fact a renewable one and it doesn't expire until 2021, the divorce shouldn't have an impact on your status as a permanent resident. The chance of losing a green card occurs in the first two years of marriage. If you were to divorce during the first two years, the possibility of losing your green card increases. The reason for this is because your green card is based on the fact that you are married.

Can a permanent resident leave for about 3 months, return to U.S.A., stay for 2 months and again leave for 5 months and return back without obtaining returning resident permit?

Usually, as long as a permanent resident returns within a year of leaving the United States, there doesn't appear to be any limitations to how many times they leave and re-enter. However, you may come up against resistance from border officers at the port of entry if you are continuously leaving and re-entering or remain gone for long periods of time. To avoid any unforeseen issues with border officials, you may consider having proof of cause documentation (caring for an ill relative, property, etc.) with you. Another thing you can do to avoid issues with border officials is to apply for Advance Parole documents before leaving the United States.

You will need to file form I-130. When the form is approved, you will be given two copies of an I-512 form. You take these forms with you when traveling; give one copy to the USCIS officer at the port of entry on your first trip. You will then keep the second copy and use it every time you travel.

When a foreigner comes to the United States, many dream of becoming permanent residents. However, many people are unsure how to begin the process. If you have questions or concerns about becoming a permanent resident, you should ask an Expert to assist you in the process.
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