If a Permanent Resident is out of U.S. continuously for more than one year, DHS takes the position that residency has been abandoned. The criteria in determining whether a LPR abandons his residency include purpose of departure, existence of fixed termination date for visit abroad, and objective intention to return to U.S. as place of…
Discussion of immigration issues, news, legal developments, and more
Tag Archive: Naturalization and Citizenship
Good Moral Character
Person applying for citizenship must show good moral character for 5 years (or for a spouse of a United States citizen, 3 years, or for person in the military, 1 year) prior to filing and up to the time of admission. For example, a person convicted of a crime of moral turpitude, multiple crimes or…
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U.S. Ambassador to the People’s Republic of China Remarks Announcing New Interview Waiver Pilot Program
U.S. ambassador in China announced today that since February 13, 2012, the United States will lauch a new pilot program that permits consular officers to waive interviews for some qualified nonimmigrant applicants worldwide who are renewing their visa within 48 months of the expiration of their previously held visa, and within the same classification as the…
Continue Reading »How to Receive Your Green Card if You are Granted a Green Card by an Immigration Judge
If an immigration judge (IJ) granted you permanent residence during immigration court proceedings or you were granted permanent residence by the Board of Immigration Appeals (BIA) and you have not yet received your green card, please schedule an appointment with your local U.S. Citizenship and Immigration Services (USCIS) office. You can make an appointment through…
Continue Reading »What To Expect At Your Marriage Based Immigration Interview
YOU SAID “I DO” – NOW WHAT? MARRIAGE BASED GREEN CARD INTERVIEW An alien (no not the kind from outer space) and a U.S. citizen have fallen in love and gotten married. The desire to obtain permanent residency in the United States is followed by filing a marriage based immigration petition. After all the paperwork…
Continue Reading »HOW TO WRITE AN AFFIDAVIT TO SUPPORT A MARRIAGE BASED IMMMIGRATION PETITION
Affidavits are widely used in immigration cases. In many cases, affidavits can be submitted in connection with an immigration petition. For example, in marriage based immigration petition, affidavits of third parties are often submitted to prove the bona fide marital relationship between petitioner and the alien. What is an affidavit? An affidavit is a declaration…
Continue Reading »Re-entering the U.S. with a Valid I-94 Form & Expired Visa (Automatic Revalidation)
An H-1B visa holder intended to take a cruise trip to Mexico with his family. His only concern is that the H-1B visa is expired even though his I-94 is still valid. Can he take the trip and return to the United States without a valid visa? The answer is that he may be able…
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