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ImmIGRATION APRIL 30, 2021 | The Indian Eye 45

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few examples, can help to reenter the Unit- from removal. See Mat- as a multinational exec- mit while in the US, then
stave off any allegation of ed States. For one, the ter of Rainford, 20 I.&N. utive or manager under the next best approach is
abandonment of perma- LPR can complete Form Dec. 598 (BIA 1992). the employment-based to try to reenter the US
nent resident status at the I-193, and may be waived Note, however, that while first preference. Prior to within 1 year from the
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port of entry. into the United States by there is no statutory bar processing for an immi- last departure. If the LPR
If the 10-year expi- CBP pursuant to INA on LPR re-adjustments, grant visa, they must file has remained outside the
ration date on the green § 211(b), if it is deter- the USCIS may refuse to Form I-407 to abandon US for more than one
card document has mined that they have not process such adjustments their green card. year, LPR status has not
passed, the situation be- abandoned LPR status. as a discretionary matter. It is of course advis- been automatically lost
comes more complicated. Otherwise, the LPR will LPRs who wish to take able that an LPR do ev- and this blog provides a
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However, LPRs whose be placed into removal the lowest risk path can erything to avoid being in roadmap to still assert

green card has expired or proceedings pursuant to be sponsored again while the situation of remaining LPR status, although
is about to expire may be INA § 212(a)(7)(A) as an they are overseas if they outside the US for more one trying this strate-
able to file Form I-90 to arriving alien. LPRs who have a basis for perma- than one year and after gy should also be aware
renew their green card. are placed into removal nent resident status, such the green card validity has of the risks and pitfalls.
The paper version of proceedings will need to as a family member who expired. The LPR should (This blog is for informa-
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Form I-90 contains does make the case again that can file an I-130 petition, apply for a reentry permit tion purposes, and should not
not prohibit applicants they have not abandoned particularly a U.S. citi- that would allow them to be relied upon as a substitute
who are outside the Unit- permanent resident sta- zen or LPR spouse or a remain outside for the US for legal advice).
ed States from submitting tus, this time before an U.S. citizen child over the for two years, although *Kaitlyn Box graduated
the form, so LPRs may immigration judge. The age of 21. Alternatively, Form I-131 must be filed with a JD from Penn State
be able to try renewing burden of proof in this one could be sponsored while the LPR is in the Law in 2020, and works as
their green card even if case is still on the gov- again through an employ- US. If the LPR has not a Law Clerk at Cyrus D.
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they are stranded in In- ernment, and the LPR ment-based category such filed for the reentry per- Mehta & Partners PLLC.
dia. USCIS announced in remains an LPR until a _________________________________________________________________________________________________
January 2021 that an I-90 final removal order is is- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
receipt notice can be used sued. Final removal or- Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
in conjunction with an ex- ders may be appealed to Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
pired green card as proof the BIA, and then to a Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
of lawful permanent res- circuit court. tion; board member of Volunteers for Legal Services and board member of New York Immigration
ident status, so filing an An LPR who has an Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
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I-90 and obtaining a re- immediate relative who Council and former chair of the Committee on Immigration and Nationality Law of the New
York City Bar Association. He is a frequent speaker and writer on various immigration-related
ceipt notice may provide is a U.S. citizen, such as issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
LPRs with a basis to re- a spouse or a child over he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
enter the United States. the age of 21, may be able Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
Several things can to apply for adjustment Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
in the immigration field. He has also received two AILA Presidential Commendations in 2010
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happen when an LPR of status all over again as and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
whose green card docu- adjustment can generally Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
ment has passed attempts serve as a form of relief Chambers Global 2019 in immigration law, among other rankings.

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