Page 44 - The Indian EYE 043021

ImmIGRATION APRIL 30, 2021 | The Indian Eye 44

What happens to a lawful Permanent resident

Who has Been Stranded For Over One Year abroad

and the green card validity has expired?

cYruS D. MehTa these LPRs who have not (13)(C)(ii) and may face visit “relies upon an event abandoned residence
KaITlYN BOx* additional scrutiny, but is with a reasonable possi- in the United States,
been able to return to the unlikely to be accused of bility of occurring within and should explain that
US within 180 days to the abandonment, especially a short period to time… they were trapped out-
OVID-related US from their last depar- if the reason for not travel- the intention of the visi- side the country due to
restrictions have ture from the US ling back within 180 days tor must still be to return the pandemic. Howev-
Ccaused difficul- Our blog FAQ for was due to COVID-19 within a period relatively er, U.S. consulates have
ties for many nonciti- Green Card Holders restrictions. Regardless short, fixed by some early been hesitant to issue
zens traveling abroad During the Covid-19 Pe- of whether the LPR is event.” The Sixth Circuit SB-1 visas, even before
during the pandemic, but riod generated tremen- returning within or in in Hana v. Gonzales, 414 the pandemic. It appears
lawful permanent resi- dous interest. This blog is excess of 180 days, there F.3d 746 (7th Cir. 2005) that since the pandemic,
dents (LPRs) who trav- addressed towards LPRs may be other grounds held that LPR status was US consulates have not
eled overseas in recent who have been overseas under which the LPR will not abandoned where an been entertaining SB-
for more than one year be treated as an applicant LPR was compelled to 1. LPRs who wish to try
months face a unique and the ten year validi- for admission pursuant return to Iraq to resume for an SB-1 visa should
set of issues. Many LPRs ty period on their green to INA 101(a)(13)(C). her job and be with her check the website of the
who traveled overseas cards have expired. Essentially, an LPR family while they were relevant U.S. embassy or
in the early days of the As a background, an can be found to have waiting for immigrant vi- consulate for guidance.
COVID-19 pandemic LPRs who have been abandoned that status sas to materialize. The U.S. Embassy and
quickly became trapped absent from the United regardless of the time After LPRs have Consulates in India web-
there for the foreseeable States for less than 180 spent abroad. The trip spent more than a year site, for example, pro-
days are not considered could have been under outside
the
United vides some instruction on
future, either by travel re- to be applicants for ad- 180 or over 180 days. The States, their green card how to apply for an SB-1
strictions that prohibited mission. An LPR who key issue is to determine document (Form I-551) visa. Alternatively, an
them from reentering the returns to the United whether it was a tem- is technically no longer LPR whose green card
United States or because States after more than porary visit abroad. The valid. There is a com- date is still valid could
they or a family member six months abroad will Ninth Circuit’s interpre- mon misperception that attempt to return to the
contracted COVID-19. again be considered an tation in Singh v. Reno, this situation results in an U.S. anyway and assert
Recent news articles have applicant seeking admis- 113 F.3d 1512 (9th Cir. automatic loss of perma- at the port of entry that
sion under INA 101(a) 1997) of what constitutes nent resident status, but she has not abandoned
discussed the plight of a temporary visit abroad an individual is still an permanent residence in
is generally followed: LPR until they are found the United States. Un-
A trip is a temporary to have abandoned their der INA § 211(b), CBP
visit abroad if (a) it is for permanent residence in has the statutory author-
a relatively short period, the United States. There- ity to provide a waiver to
fixed by some early event; fore, the test set forth in a returning LPR who no
or (b) the trip will termi- Singh v. Reno and oth- longer has a valid green
nate upon the occurrence er cases still needs to be card document. It may be
of an event that has a rea- followed to determine helpful for an LPR who
sonable possibility of oc- whether the LPR’s visit is returning to the U.S.
curring within a relative- abroad was temporary or after more than a year
ly short period of time. not. The burden is still abroad to have in hand
If as in (b) the length of on the government to documentary evidence
the visit is contingent prove through clear and that they have not aban-
upon the occurrence of convincing evidence that doned permanent resi-
an event and is not fixed the LPR has abandoned dent status. Documents
in time and if the event permanent resident sta- such as: U.S. income tax
does not occur within a tus. See, e.g Matadin v. returns, evidence of own-
relatively short period of Mukasey, 546 F.3d 85 (2d ing or leasing a residence
time, the visit will be con- Cir. 2008) and Matter of in the U.S., bank state-

m of sidered a “temporary visit Rivens, 25 I&N Dec. 623 ments or other proof of
assets in the U.S., a let-
abroad” only if the alien (BIA 2011).
CYRUS D. MEHTA & PARTNERS PLLC has a continuous, unin- LPRs who have been ter or pay stubs from a
terrupted intention to re- abroad for more than a U.S. employer, evidence

turn to the United States year may be able to ap- of family ties in the U.S.,

  during the visit. ply for a apply for a Re- proof of past medical
   
­ The Second Circuit in turning Resident (SB-1) treatments or doctor vis-
€
‚  
Ahmed v .Ashcroft, 286 Visa at a U.S. Consulate. its in the U.S., or evi-
F.3d 611(2d Cir. 2002) In order to apply for an dence of membership in
with respect to the sec- SB-1 visa, LPRs will still religious, professional, or

2 6th Floor ond prong, has further be required to demon- community organizations

    clarified that when the strate that they have not in the U.S., to provide a

www.TheIndianEYE .com