May 2014

Issue link: http://ailahub.aila.org/i/304305

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Lifestyle 9 Inter Alia 9 Get Connected 9 Member Advantage 9 Contact Us sponsor: about us: Practice Pointers 9 What's Trending CMB REGIONAL CENTERS cmb regional centers w border patrol u lprs by Nadeen Aljijakli I mmigration aorneys oen encounter a lawful permanent resident (LPR) who wants to return to the United States aer spending considerable time in his or her home country. e person may have le with the intention to return promptly to the United States, but remained unexpectedly due to personal obligations or other circumstances. Generally, an LPR who has remained outside the United States for more than one year is presumed to have "abandoned" his or her LPR status and cannot re-enter the United States with a permanent resident card alone. See 8 CFR §211.1(a). e SB-1 visa, or "returning resident" special immigrant visa, which is obtained through consular processing, might allow your client to reclaim his or her LPR status, assuming that he or she is eligible. Because of an unanticipated turn of events that may lead to an individual's lengthy stay, the individual oen has not applied for a re-entry permit before leaving the United States, something that is required and shows proof of intent to maintain residence in the United States. See id. If the person aempts to return to the United States without taking further precautions, such as securing an SB-1 visa, he or she will likely be questioned at the airport by U.S. Customs and Border Protection (CBP). If CBP determines that the LPR has abandoned his or her residence, then the LPR will be issued a Notice to Appear and placed in removal proceedings. Typically, the person will be charged by the U.S. Department of Homeland Security (DHS) with being inadmissible at the time of entry under INA §237(a)(1)(A). en he or she will have the opportunity to challenge the findings by DHS before an immigration judge. If the individual can show that there was no intent to abandon LPR status, then he or she will be allowed to retain LPR status and remain in the United States. However, the stress, legal fees, unpredictable outcome, and the lengthy process of removal proceedings make this an unaractive option for many. In some cases, at the port-of-entry, CBP may even aempt to have the returning LPR sign Form I-407, Abandonment of Lawful Permanent Resident Status, and deny his or her entry to the United States. "Dina," a 20-year-old who became an LPR at the age of 12, le the United States two years ago to visit her parents in Lebanon. Dina intended to travel for a brief trip, but her father became very ill and she became his primary caretaker. She did not apply for a re-entry permit, as she expected to promptly return. She was recently approved for an SB-1 visa. Lawful Status Lost Dealing with the 'Abandonment' of lpr status 15 next uww

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