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LPR Status - U.S. Immigration Lawyer

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LPR Status

Section 101(a)(20) of the Act, a returning resident may present an Alien Registration Receipt Card (I-551) in lieu of an immigrant visa if returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad not exceeding 1 year. 8 C.F.R. § 211.1(b). Returning permanent residents are permitted to reenter the country after foreign travel. See Aleem v. Perryman, 114 F.3d 672, 676 (7th Cir. 1997). To qualify as a returning permanent resident, the resident "must have acquired lawful permanent resident status . . ., must have retained that status from the time that [he] acquired it, and must be returning to an unrelinquished lawful permanent residence after a temporary visit abroad." Moin, 335 F.3d at 418 (quoting Matter of Huang, 19 I. & N. Dec. 749, 753 (BIA 1988)). If, however, the resident is not returning from "a temporary visit abroad," he will be deemed to have abandoned permanent resident status and be excluded from the United States. See Aleem, 114 F.3d at 676. Therefore, the determinative question is whether Katebi's trips constitute "temporary visits abroad."

 

Maintaining Legal Permanent Residency Status After Trips Abroad 


While the term  "temporary visit abroad" is inherently nebulous,    there is general agreement  that a permanent resident returns from a    temporary visit abroad only when (a)  the permanent resident's visit is    for a period relatively short, fixed by some  early event, or (b) the    permanent resident's visit will terminate upon the  occurrence of an    event having a reasonable possibility of occurring within a  relatively    short period of time. If as in (b), the length of the visit is     contingent upon the occurrence of an event and is not fixed in time and    if the  event does not occur within a relatively short period of time,    the visit will  be considered a temporary visit abroad only if the  alien   has a continuous,  uninterrupted intention to return to the  United   States during the entirety of  his visit.


An  “unrelinquished lawful permanent residence," as used in 8 C.F.R.  §    211.1(b) (1988), can have reference to something less than a  permanent   dwelling  place in the United States. See Saxbe v. Bustos,  419 U.S. 65   (1974); Matter of  Kane, supra. Consequently, an alien’s  lack of an   actual dwelling place in this  country is not, in and of  itself,   determinative in ascertaining whether he is  returning from a  temporary   absence abroad. See Matter of Kane, supra; see also  Matter  of Guiot, 14   I. & N. Dec. 393 (D.D. 1973). 

Chavez-Ramirez  v. INS, 792 F.2d 932, 936-37 (9th Cir. 1986); see    also Khodagholian, 335 F.3d at  1006-07; Aleem, 114 F.3d at 677.    Ultimately, the issue is one of intent. See  Ahmed v. Ashcroft, 286 F.3d    611, 613 (2d Cir. 2002) (per curiam) (citing United  States ex rel.    Polymeris v. Trudell, 49 F.2d 730, 732 (2d Cir. 1931)).   "The relevant    intent is not the intent to return ultimately, but the  intent to  return   to the United States within a relatively short period of   time." Singh,   113 F.3d at 1514. Nonetheless, "what is a temporary   visit cannot be   defined in terms of elapsed time alone." Aleem, 114  F.3d  at 677   (quoting Trudell, 49 F.2d at 732). In other words, a  returning resident    does not necessarily abandon his status if he  extends his trip beyond a    relatively short period; the key remains  whether his activities are   consistent  with an intent to return to the  United States as soon as   practicable. See  Singh, 113 F.3d at 1514.


An alien's  desire to retain her status, without more is not    sufficient. Matter of Kane,  supra. The length of the applicant's    absence from the United States is a  significant factor in showing her    intent to abandon her lawful permanent  resident status. In Matter of    Huang, the court found that except for brief 3-  to 4-week visits each    year, the applicant and her children had been absent from  the United    States for approximately 4 years at the time of their last attempted     entry in May 1986. During these brief visits, the applicant and her    children  resided with the sister of the applicant's husband. Although    the applicant and  her husband owned a house in Los Angeles,  California,   since 1985, they never  maintained a residence in the  United States   since being granted lawful  permanent resident status in  1982. Since   being granted that status, the  applicant and  her  children had been   living in Japan. The applicant's children  received  their schooling in   Japan and had reportedly only gone to school in   this country for brief   periods in 1982 and 1984 while visiting the  sister of  the applicant's   husband. Additionally, the applicant and  her husband owned a  home in   Japan until 1985; and the applicant and  her husband were both employed    in Japan. Thus, based upon the  foregoing facts, the court in Matter of   Huang  held that the absences  of the applicant were not temporary, and   that she  abandoned her LPR  status.


Factors to be  considered in evaluating the alien's intent include    the alien's family ties,  property holdings, and business affiliations    within the United States, and the  alien's family, property,  and    business ties in the foreign country. See Moin,  335 F.3d at 419. An    applicant's desire to maintain his permanent resident  status, without    more, is insufficient; the alien's intent must be supported by  his    actions. See Singh, 113 F.3d at 1514-15. 


Where the  absence of the LPR alien, is less than one year,  returning   permanent residents,  are permitted to reenter with their  I-551 (Green   Card), after “temporary  absences”, with the intent to  resume their   “unrelinquished lawful permanent  residence“, as  evidenced by the   actions of the alien in support of this intent.   Where an applicant for   admission has a colorable claim to returning  resident  status, the   burden is on the Service to show that the  applicant should be  deprived   of his or her status as a lawful  permanent resident. Matter of  Salazar,   17 I. & N. Dec. 167 (BIA  1979); Matter of Kane.

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