Notes

Revocation of Green Card: A CONCERN Often Posed to Top Immigration Lawyers
The problem of when and how a green card could be revoked can be an issue often raised to top immigration lawyers. One way a lawful permanent resident may lose their green card is through the commission of an offense that makes them removable under the Immigration and Nationality Act. These individuals are given a chance to defend their green card status in removal proceedings before Immigration Judges. Seeking representation of an immigration lawyer acquainted with immigration laws and procedures can be the difference between an individual retaining or losing their green card status.

Another way a lawful permanent resident may lose their green card is if they are deemed to possess abandoned their U.S. residency status. The issue of abandonment of lawful permanent status has many layers and will be difficult to comprehend. uk ancestry visa lawyer virginia say it is probably the most confusing immigration concepts in the immigration laws. Once one has either obtained immigrant status at a U.S. embassy abroad or has successfully adjusted status compared to that of legal permanent resident in the United States, their status could be compromised as a result of a prolonged stay beyond your U.S. A common question asked of Florida immigration lawyers is "How long may I remain outside the U.S. without losing or abandoning my green card status?"

Two general concepts help to answer this question:

1. A six month stay outside the U.S. creates a rebuttable presumption that a lawful permanent resident has abandoned their status.

2. A one year stay outside the U.S. creates an irrebuttable presumption of abandonment of status. The exception is where the lawful permanent resident obtains a Reentry Permit or perhaps a Returning Resident Visa. Reentry Permits and Returning Resident Visas could be the subject of another article.

The keys to determining abandonment of resident status will be the individual's "intent" to abandon status and if the trip beyond your U.S. is in fact "temporary" in nature. One of these may be the lawful permanent resident who sets out on a temporary visit to his or her home country with the intent to visit a parent. While away, the parent becomes gravely ill evoking the lawful permanent resident to extend his or her stay longer than initially planned. A charge of abandonment is probable defensible in this example because the resident's intent was always to come back to the U.S. and the trip, albeit longer than expected, was always temporary in nature.

A standard misconception is that brief visits to the U.S. once a year while spending several years abroad will protect from an abandonment charge. The U.S. Department of Homeland Security's (DHS) determination of whether a person has abandoned lawful permanent resident status due to foreign travel depends on several factors, only 1 of which may be the number and length of the trips beyond your USA. Other factors include, but aren't limited to, whether the trip had a specified beginning and end, compliance with all US tax obligations, family, business, and property ties in the United States, and how many years the lawful permanent resident has resided in immigrant status in the U.S. before engaging in the lengthy foreign travel.

In case a lawful permanent resident intends to take prolonged trips beyond your United States, it might be prudent for see your face to consult a qualified immigration attorney to make sure lawful permanent resident status is not compromised or lost.
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