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Posted: December 18th, 2012 | Author: Chris Jaensch | Filed under: National News | Tags: Abandonment of Permanent Resident Status, Customs and Border Protection, Green Card, Permanent residency | No Comments »
A new practice pointer from Customs and Border Protection (CBP) entitled, Frequent Travel Abroad and Abandonment of Lawful Permanent Resident Status, clarifies the CBP’s position on Legal Permanent Residents (green card holders) who frequently leave the country. Be aware that Customs takes more into account when determining whether a legal permanent resident has abandoned their status than simply the dates of exit and entry.
In fact, during an October 20, 2011 meeting with the D.C. Chapter’s CBP Liaison Committee, Baltimore (BWI) CBP representatives confirmed that “CBP officers are less focused on the length of time abroad and more on where does the person actually live.” According to the representatives, CBP officers will look at the totality of the circumstances, including “how many years the person has lived in the U.S.; whether the person is employed in the U.S. or abroad; where family members live; [and] whether U.S. taxes have been paid.”
Washington Dulles Airport’s CBP representatives concurred:
Abandonment issues were also discussed during the Committee’s January 25, 2012 meeting with Washington (Dulles) CBP representatives. During the meeting, CBP representatives indicated that “[d]omicile is the major issue for WAS CBP inspectors, so the applicant should have evidence with him/her of where s/he lives.”
Carry additional documentation such as a drivers license of employment ID with you to be safe.
The CBP Inspector’s Field Manual (“IFM”) similarly explains that the length of time spent abroad is not the sole indicator of abandonment (AILA Doc. No. 11120959). The IFM notes that other indicators of possible abandonment are “employment abroad, immediate family members who are not permanent residents, arrival on a charter flight where most passengers are non-residents with return passage, lack of a fixed address in the U.S., or frequent prolonged absences from the U.S.” In questionable cases, the IFM advises officers “to ask for other documentation to substantiate residence, such as a driver’s license and employer identification cards.”
Posted: October 16th, 2012 | Author: Chris Jaensch | Filed under: National News | Tags: Age out, Children of Legal Permanent Residents, Green Card, Legal Permanent Residents | No Comments »
Possible Expansion of Child Status Protection Act
Sarasota Immigration Attorney P. Christopher Jaensch
It seems like recent court cases in California and Texas have expanded the applicability of the Child Status Protection Act.
The Child Status Protection Act (CSPA) addressed the large numbers of children who are “ageing out” – reaching the age of 21 before their parents received a green card. CSPA protects the “child” status despite ageing out due to excessive processing times. It can apply in certain family-based, employment-based and humanitarian immigrant cases.
Under the new rule, once the parent gets the green card, they can apply for the child as an adult unmarried child of a permanent resident. Instead of getting a new priority date for this application (which would require a wait of about 2 years or more), they child would “inherit” the original priority date of the application. This would mean that the child would most likely be eligible for a green card soon after the parent gets their green card and would not have an additional waiting period. I would estimate that children who apply in this way would wait about a year after their parents receive their green card, because there still needs to be time allowed to file the green card application and conduct the background check.
Children of legal permanent residents (green card holders) can take advantage of this whether they are in the U.S. or out of the U.S. If they are in the U.S., they would have to remain here in lawful status after they turn 21 (by having a F-1 student visa or E-2 investor visa).
This is good news because it means that children of green card holders would ultimately be able to get a green card around the time their parents get one.
Posted: September 27th, 2012 | Author: Chris Jaensch | Filed under: National News | Tags: 2014 DV Lottery, 2014 Green Card Lottery, Diversity Immigrant Visa, Diversity Visa Lottery 2014, Green Card | No Comments »
Register NOW for 2014 Green Card Lottery!
DV-2014 Green Card Lottery Registration Begins October 2, 2012
The United States will open its doors for up to 55,000 new residents through the 2014 Diversity Visa (DV) Lottery (aka the “Green Card Lottery”). Registration begins at noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 2, 2012, and ends at noon, Eastern Daylight Time (EDT) (GMT-4), Saturday, November 3, 2012.
For information about the lottery in Spanish, please click HERE
For information about the lottery in German, please click HERE
Update on Eligible Countries
For DV-2014, natives of GUATEMALA are now eligible for selection!
Natives of the following countries are not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. over the period of the previous five years:
BANGLADESH, BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM.
Persons born in HONG KONG SAR, MACAU SAR, and TAIWAN are eligible
- If you were born in an ineligible country but your spouse was born in an eligible country, you and your spouse are eligible to register together.
- You must be 18 or older to qualify.
Jaensch Immigration Law Firm is offering to register foreign-born applicants and their family members in the lottery. The fee is $200 usd per person.
For more information about the eligibility requirements for the Green Card lottery or to register for the lottery through Jaensch Immigration Law Firm, please visit our diversity visa lottery registration page.
Posted: September 21st, 2012 | Author: Chris Jaensch | Filed under: National News | Tags: Diversity Immigrant Visa, Diversity Visa Lottery, Green Card, Green Card Lottery, Legal Permanent Residents | No Comments »
Would You Like to Win the Visa Lottery?
The instructions for the 2014 Diversity Immigrant Visa Program (DV-2014) reveal that this year, natives of Guatemala are eligible, while several other countries are ineligible. Entries for the DV-2014 program must be submitted electronically between 10/2/12 and 11/3/12.
Look for more information soon on immigrationsarasota.com and VisaAmerica.com!
Posted: June 1st, 2012 | Author: Chris Jaensch | Filed under: National News | Tags: entry without inspection, ewi, Green Card, I-601 Waiver, i601, Overextension of Visa | No Comments »
I-601 Waiver Rules Updated. Eases Application Process
English: The logo of U.S. Citizenship and Immigration Services (English) Español: El logotipo del Servicio de Ciudadanía e Inmigración de los Estados Unidos (Inglés) (Photo credit: Wikipedia)
The I-601 Waiver processing rules are being updated. New rules that would go into effect at the end of the year are bringing hope to many foreign nationals who want to resolve their status.
Many foreign nationals enter the US without inspection or overstay their visa. They live here for some time and decide to resolve their status by applying for a green card. Under the current rules, entry without inspection or overstay of a visa are grounds for ineligibility for a green card. The applicant has to return to their country of origin and await a decision there. If denied the green card they must remain in their home country for up to 10 years before they can reapply. The only recourse is to file for an I-601 waiver which would forgive the 10-yr penalty. Previously the applicant still had to return to their country of origin to apply for an I-601. This created much uncertainty and hardship for US citizens or legal permanent residents who were relatives of the ineligible applicant.
Now the USCIS has proposed new rules regarding the I-601 waiver process. Coming soon an applicant might be able to apply for an I-601 waiver from within the United States. To get an I-601 waiver the applicant has to prove that their absence would cause significant hardship for a relative, spouse, or fiance who is a citizen or legal permanent resident of the United States. When approved by USCIS the applicant can then go to a U.S. Consulate in their country of origin to complete the Green Card process routinely—without fear that the waiver will be denied.
Before an applicant can file for the I-601 waiver, he or she has to be approved as an immediate family member of a US citizen or legal permanent resident by the USCIS. In order to be approved the applicant’s family members have to file a Family Petition, or Form I-130, for them.
Jaensch Immigration Law Firm urges all qualified immediate relatives to file the Family Petition as soon as possible. Processing time is still only a few months at the moment, but a huge backlog is foreseen when the Provisional Family Waiver program begins—expected toward the end of the year.
Fiance’s, spouses, parents and children age 17 or younger are qualified to seek the I-601 provisional waiver for their unlawful presence. The only grounds against their case which would be waived are illegal entry and overextension of stay. Other grounds such as conviction for serious crimes or a drug conviction will not be waived by the I-601 wiaver
Posted: May 2nd, 2012 | Author: Chris Jaensch | Filed under: National News | Tags: Green Card, Green Card Lottery, Green Card Lottery Results, State Department | No Comments »
If you entered the lottery check out the State Department’s webpage and follow the instructions to find out if you qualified.
Best of Luck!