Green Card Holder Stranded Outside the US Due to COVID-19

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As more and more individuals have found themselves stranded outside the US due to COVID-19, the question for permanent residents is more than mere inconvenience.  A US legal permanent resident is bound by fixed time frames. Specifically, an absence from the US of more than six months consecutively may lead to a presumption of an abandonment of US residence. An absence from the US of more than 1 year may impact the validity of the I-551 green card. In the latter situation, US law provides for a special visa: SB-1 Returning Resident Visa.  The SB-1 process actually involves two steps: at the nearest US consulate, the permanent resident submits 1) a DS-117 application to determine whether he or she meets the SB-1 criteria, and if approved 2) an immigrant visa application to determine whether the individual is admissible to the United States.  For the SB-1 part of the process, the…

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The Fat Lady, Stowaways, and Alien Smugglers

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“It ain’t over till the fat lady sings…”  The opera expression widely used in sports has taken on a whole new relevance in the immigration world.  No longer are government agencies approving applications and deferring to previously-approved applications or adjudications. Rather, they are reopening past applications – from 3, 5, 10, 15, 20 years ago – searching for misrepresentations, inconsistencies, and loose ends to thwart applications for visas, changes to status, and adjustment of status. You are so close to getting that long-desired visa or green card, but the “fat lady” – in these cases, USCIS and the State Department consular posts – doesn’t want the “opera” to end. The boundaries are unlimited. Even relatively obscure provisions of immigration law, such as the “stowaway” provision, are being invoked more and more.  A stowaway is someone who obtains transportation without consent and through concealment.  Anyone who enters the US by a…

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A Green Card Holder and Absent from the US for more than 180 days? Beware.

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One of the biggest misconceptions about immigration law is that a green card is the same as citizenship  –only without a passport or the ability to vote. But what many permanent residents do not realize is that they can be deported.  The reasons are many: not only for a conviction of a serious or drug-related crime, but also for abandoning their residency in the United States or becoming a “public charge”.  The question of deportability can come up when applying for naturalization, or after an absence of more than 180 days from the United States. Imagine a situation where a green card holder who uses public benefits in the US  leaves to visit his home country.  During his visit, his father gets sick and he needs to stay to help take care of his father.   After a 7 month absence from the US, he returns.  Upon his arrival at the…

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Visa Competence, Consultations, and Consequences

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The story was not unusual.  Ekaterina arrived in the US on a B-1 visa. She became acquainted with an incompetent lawyer, one who did not charge for an initial consultation.  The lawyer, more interested in making a sale because he could not live on free consultations, told her that she could qualify for L-1 status.  They then signed a legal services agreement and Ekaterina made a substantial payment. The lawyer and Ekaterina began preparing to file the L-1 petition. The lawyer opened an American company; Ekaterina opened a corporate bank account and placed funds on the account; and on behalf of the company, Ekaterina leased an office, paying rent for three months in advance.  After this, the lawyer filed the L-1 petition for her to change her status. After USCIS sent a Request for Evidence, the lawyer prepared a response.  Unfortunately for Ekaterina, the response was inadequate, and USCIS denied…

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