Everything You Can Do to Prove You Did NOT Abandon Your Green Card

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Күн бұрын

A common question asked by many of our legal permanent resident (LPR) clients who are currently abroad for more than 1 year is, “How can I prove that I did not abandon my green card?” Many LPRs patiently waited many years to get their green cards only to now risk losing their permanent resident status simply because they were outside of the U.S. for more than 1 year. Perhaps they were unable to return because of COVID-19 travel restrictions, medical or family emergencies, business or financial crisis abroad, and other legitimate reasons. In this video, Joseph reviews all of the ways an LPR could use to prove that this country is their home, such as strong family ties, group memberships, financial ties and many more.
Questions to ask:
Do you own a home or have a lease in the US?
Do you have a job in the U.S.?
Do you have any businesses in the U.S. or investments?
Do you have any group memberships such as a golf club or the library?
Do you attend church service, temple, mass?
Do you have any US bank accounts or credit cards?
Do you have a driver’s license or own a car?
Do you have a stock portfolio?
And much more!
Let’s get to it.
This video is brought to you by Tsang and Associates, a boutique international law firm that solves legal problems with creative solutions.
Green Card Overseas Over One Year is a new short series that dives into different solutions to maintain your hard-earned U.S. lawful permanent resident status after being abroad for over a year. Attorney Joseph Tsang discusses different ways we have successfully helped our green card clients to return to the U.S., and most importantly, preserve their lawful permanent statuses.
Returning LPRs must present the required documents for entry pursuant to 8 CFR 211.1. Per regulations, LPRs who have been out of the country for more than a year and less than two are required to present a re-entry permit when seeking admission. CBP does consider the totality of the circumstances when processing LPRs who have been out of the country for more than one year.
9 FAM 502.7-2(B), Returning Resident Status; 9 FAM 502.7-2(C), LPR individuals who are unable to return to the United States within the travel validity of their Form I-551 or Re-entry Permit, may apply at a U.S. Embassy or Consulate for a special immigrant Returning Resident (SB-1) visa; INA 101(a) (33), lack of fixed dwelling place in the U.S. is not dispositive; 8 CFR 211.1(a), only required “unrelinquished lawful permanent residence”; 8 CFR 211.1(a)(2), if LPR remains outside the U.S. for more than one year, the regulations require invalidation of this green card, but DHS takes the position that residency also has been abandoned; INA 101 (a)(27), If visit abroad is temporary, residency is not deemed abandoned.
As each solution is unique in its own way, keep reading below to see the complete episode list!
👉Green Card Overseas Over One Year Episode List:
1. How to Prove You Did Not Abandon Your Green Card
2. How to Apply for an SB1 Returning Resident Visa
3. How to Overcome a CBP Secondary Inspection
4. How to Choose between CBP Entry or an SB-1 Visa
5. How to Apply for I-131A Carrier Documentation When your Green Card Has been Lost
6. When Your Green Card Expires While You Are Abroad: Can you Still Return to the US?
7. How to Reenter the U.S. With an Expired I-551 Stamp
8. How to Enter the US after Being Abroad for Longer than a Year
9. Everything You Can do to Prove Your Did NOT Abandon Your Green card
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Пікірлер: 21

@ziadoonhamad6930 2 жыл бұрын

Ofcourse it helps and I encourage those who have been too long outside to listen to you.

@TsangAssociatesPLC 2 жыл бұрын

Thank you for the kind comment!

@harbinguy1 Жыл бұрын

Nice video, thanks!!! Can you get a nonimmigrant visa, such as a tourist visa after you filed I-407?

@troymagnum Жыл бұрын

This is very informative and insightful. I'm struggling now to assist my mother (LPR since '73) to return back to the US after 7 years stuck in the Philippines. Event after event kept her from coming back home and now its been way too long and I fear a battle with CBP is inevitable . I have supporting documents that ties her to the US so I'm hoping we can be convincing.

@TsangAssociatesPLC Жыл бұрын

Thanks for sharing your story, Troy! Wishing you and your mother all the best. We're rooting for you guys and hope everything works out well.👏

@troymagnum Жыл бұрын

@@1light-oi3by We arrived early morning in LAX, appeared before the immigration booth (CBP agent) and I just opened up with "We have an issue with my mother's Green card validation." he looked at it and I continued to tell him that she has been out of the country for an extended period outside the required time. I just wanted to be forward before he started asking about it. Strangely, he asked, was this the first time??? I answered yes! He accepted our return by telling us that 1st offense can be excused, don't let it happen again. After stepping away towards the baggage claim, we broke down hugging and crying like it was a miracle. I was a nervous wreck and ready to battle it out with all my gathered files and proof or residencies, but after that, I was numb in shock of the turn of events. We processed on to our connecting flight so relieved and happy to be home!

@troymagnum Жыл бұрын

A Glorious day it was!...we made it in without a fight, believe it or not!

@TsangAssociatesPLC Жыл бұрын

@@troymagnum Congratulations!!! So happy for you guys :)

@pinayintheus8037 Жыл бұрын

@@troymagnum Hello po, did you file the sb1 for your mom?

@ginamou4441 7 ай бұрын

Wow! That’s a lot of respurces

@arthurcarvalho4100 2 жыл бұрын

If I go to the airport talk to the officer and he/she denies my entry. Do I have the option of flying back to my country of origin with my green card? Or will they confiscate it?

@TsangAssociatesPLC 2 жыл бұрын

Hi Arthur, Thank you for your question! Please feel free to give us a call at (562) 924-1981, let us know you watched our video and speak directly with one of our paralegals!

@maryguirguis6773 4 ай бұрын

Please i need to contact you my mother and my father in law was a cancer patient, I had to return back to Egypt my green card is expired since 2007,I didn't abandoned GC but the situation was extremely hard

@TsangAssociatesPLC 3 ай бұрын

Hi there! Thank you for your comment. To give you the most relevant response, please reach out to us at media@tsangslaw.com. We would love to connect you to the right case managers to answer your question. We look forward to assisting you!

@aurorareels3799 5 ай бұрын

While applying for your citizenship, do you have to submit the proof that you didn't abandon your Green Card if you were overseas for more than 6 months & less than a year? Not over a year

@TsangAssociatesPLC 3 ай бұрын

Thank you for your question. To assist you with the most relevant and helpful response, please reach out to us at media@tsangslaw.com. We look forward to assisting you!

@ianduque449 Ай бұрын

Hi I'm 17 years old and I have a green card but been out of the us because of COVID so I started studying to the Philippines at 2019 ccan I still go with my family

@TsangAssociatesPLC Ай бұрын

Thank you for reaching out with your question. Since you've been outside the U.S. for an extended period due to COVID-19, there are specific steps you might need to take to ensure you can return smoothly with your green card. It’s important to discuss your situation in detail to understand all your options. Please consider scheduling a consultation with us where Attorney Joseph can provide tailored advice based on your circumstances. You can start by emailing us at media@tsangslaw.com to set up your session.