Call today to schedule your immigration consultation 954-385-0157 or email: BAlvarado@Blandon-Law.com.

Blandon Law Immigration

Monday, April 12, 2010

Travel After Obtaining Residency

     Legal permanent residence is not permanent in the sense that it cannot be taken away. A foreigner can abandon U.S. residency by returning to live abroad, by remaining outside of the country for too long or by relinquishing it specifically.
     The Citizenship and Immigration Service (CIS) takes the position that a foreigner definitely abandons residency if she remains abroad for over one year. However, a person may lose her LPR status by remaining abroad even less time if CIS can prove that the foreigner had the intention of abandoning it.
     In one case, a Venezuelan national was placed in removal proceedings because she did not know this. She returned to her home country for only three months, for medical reasons.  However, she was questioned by authorities upon entry to the United States.  In response to “Why are you coming to the U.S.?” she told the officer that she was visiting her son. He asked her to write that statement and she did. Immigration tried to have her deported because a legal permanent resident does not “visit” her home.
     The Firm defended her in removal proceedings. She was able to remain legally in the United States, kept her residency and later applied for U.S. citizenship.

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954-385-0157 or email: blandonappts@aol.com