DRAGON LADY AND IMMORTALE- THE ANSWERS...

[ImmortalE]

dragonlady rules

[dragonlady]

Actually, the best place to get information is the USCIS website from which you can research all the information you need. Also, the Department of State has a great website. There are different circumstances and some immigration attorneys do not have the information. I went to an excellent attorney for a consultation and ended up giving her the websites and forms she was not aware were available.

[ImmortalE]

RIGHTS AND DUTIES
AS A LAWFUL PERMANENT RESIDENT
OF THE UNITED STATES

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Full text: http://www.usvisainfo.com/object/pdf/IV/rights_duties_LPR.pdf#search='losing%20lpr%20after%20long%20absence'
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E. LOSS OF LPR STATUS
1. Although you are an LPR, you rem ain an alien. Therefore, it is still possible for
you to lose your LPR status if you depart the United States and are found to have
abandoned your residence here.
2. Loss of LPR status could occur if you accept a permanent job abroad, if you fail to
file a U.S. resident tax return, if you stay outside the U.S. for more than one year
without a valid Re-Entry Permit or if you are otherwise found to have abandoned
your residence in the United States.
In determining whether you have abandoned residence, the BCIS will consider a
number of factors (no one factor will be decisive) such as: evidence of intent to
reside in the U.S.; maintaining assets in the U.S. such as real estate, savings
accounts or other investments; if you stay with relatives or friends when here
rather than staying in a hotel; and if you continue to pay taxes and retain other
property and contacts in the U.S. (such as membership in associations, religious
affiliations, credit or brokerage accounts).
You do not necessarily have to own or rent a home here, but that is always a
helpful factor. On the other hand, if you do not spend significant time in the U.S.
or have not established a "home" here, or if you enter the U.S. with a wallet or
purse full of foreign documents (drivers license, credit cards, etc.), or refer to your
residence overseas as "home", that may call attention to a possible loss of
residence.

3. You may also lose your status if you have ever been convicted of any crim e, no
matter now minor. You should consult your attorney if you have ever been
arrested for any reason at all prior to filing for naturalization.
4. You may also lose your status if it is determined that you were ineligible for LPR
status at the time of receiving it.
5. You may also be found ineligible for LPR status if you separated from the spouse
or employer who petitioned for you shortly after obtaining your status. You should
consult with your attorney before taking such action. These matters must be
taken seriously. Even a person who has lived in the United States as an LPR
since early childhood may lose their status and be placed in deportation
proceedings for failure to com ply with the terms of the original grant of permanent
residence.
6. It is only when an LPR becomes a naturalized citizen that U.S. immigration laws
no longer apply to him or her.

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http://www.usvisainfo.com

[ImmortalE]

Some info that you may find useful:

SOURCE: http://www.unitefamilies.org/faq/#usimpacts4

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Who is impacted?
1. Who is a lawful permanent resident?
A Lawful Permanent Resident (LPR, also called green card holder) is a person who has been granted the right to live in the U.S. permanently. After five years of permanent residency, subject to certain conditions, an LPR can naturalize to a U.S. citizen.

2. Why are families being separated?
An LPR that marries a foreign born person after becoming a permanent resident has to remain separated from his/her spouse and children until immigrant visas are granted for the family members. There is an annual numerical limit on this category of visas, and demand exceeds supply. Family members cannot visit the U.S. or study here because those visa categories require proof of non-immigrant intent. That is, they must prove that they have no intention to stay in the U.S. to be allowed to enter the U.S. on a student or vistor visa. Since the spouse and children of a permanent resident are applying for premanent residency, they cannot demonstrate non-immigrant intent.

3. How long is the waiting period?
The State Department Visa Bulletin lists the current cutoff date. The wait period is currently 4-5 years. (An additional year for processing increases this to 5-6 years.)

4. What about families of U.S. citizens?
Families of U.S. citizens are not subject to annual numerical limits. They are only subject to processing delays. Currently, it takes about a year for family members of U.S. citizens to get immigrant visas. While they are waiting, family members can get K visas to be united with the citizens in the U.S.

5. What about non-immigrants [workers (H-1B, L-1), students (F-1), etc.]?
Family members of non-immigrants are not subject to numerical limits or processing delays. They can get dependent non-immigrant visas in a month or two.

6. Why is the process slanted in favor of non-immigrants?
Not quite. Family members of non-immigrants apply for non-immigrant visas. Family members of permanent residents and U.S. citizens apply for immigrant visas. Non-immigrant visas are not subject to the same limitations as immigrant visas. However, family members of certain categories of non-immigrants (H-1B, L-1, etc.) can adjust to permanent resident status. An H-1B non-immigrant worker who marries prior to becoming a permanent resident is immediately united with his/her family. However, if the marriage occurs after permanent residency, family unification takes 5 years.

7. If family unity cannot be achieved in the U.S., why can't the LPR stay with the family abroad while the family immigrant visa applications are pending?
An LPR is required to spend most of his/her time residing in the U.S. An LPR absent from the U.S. for a significant period of time (usually one year or more) risks losing his/her permanent residency status. Family immigrant visa applications are considered abandoned at that point. There are significant adverse impacts to employment of an LPR, if he/she stays away for a long period. The LPR's citizenship residency clock is reset as well.

8. Is this a problem only for nationals of certain countries?
The problem impacts the families of LPRs irrespective of nationality.


how does this impact the U.S.?
1. This proposal calls for allowing more people into the U.S. Wouldn't they take away jobs from Americans?
Not quite. Not allowing family unification in the U.S. negatively impacts the country.

2. Is this problem linked to amnesty or earned legalization?
No. We are only addressing the issue of family unification. Amnesty and earned legalization are independent issues.

3. Would National Security be compromised?
Applicants for immigrant and non-immigrant visas are subject to rigorous security checks. National Security will not be compromised by allowing family unification in the U.S.

4. How does the U.S. compare with other industrialized nations in this regard?
Other countries compare favorably with the U.S. in this regard. For example, Canada gives priority to applications for immigrant visas for the immediate family members of a Canadian citizen/permanent resident. Processing is usually completed in about six months. Canada grants visitor visas to immediate family members to achieve family unity in Canada while the immigrant visa petitions are being processed.


solutions
1. What are some possible solutions to the problem?
There are several solutions to this problem. In our opinion, reinstating the V visa is the best alternative. This and other alternatives can be found by visiting the Solutions page.

2. What is an F2A visa?
The F2A visa is an immigrant visa issued to the spouse and minor children of LPRs. About 112,000 F2A visas are available each fiscal year. The U.S. Government's fiscal year runs from October 1 through September 30.

3. What is an I-130?
The I-130 is an immigrant visa petition filed for by a U.S. citizen or LPR for a family member.

4. What is the V visa?
The V visa was created by the Legal Immigration Family Equity Act of 2000. The visa was issued to the spouse and minor children of LPRs so that they could be united in the U.S. while they awaited their family immigrant visa petitions to be approved. The following conditions had to be satisfied:

* The immigrant visa petition had to have been filed on or before December 21, 2000.
* The petition must have been pending for 3 or more years.


5. Why does the V visa need renewal and why is this the best option?
Visit the Solutions page.

6. Is there pending legislation to solve this problem?
H.R. 1823 was introduced on April 26, 2005, by Congressman Andrews of New Jersey. It reinstates the V visa with a sunset date of January 2011 and a waiting period of 6 months. We believe that this addresses the need exactly and we urge Congress to enact it.

7. I am an LPR and I filed an I-130 petition for my spouse after December 21, 2000. What are my options?
This is the situation that we are trying to address. The alternatives available to you are unsatisfactory:

* Wait until an F2A visa becomes available. This can take several years.
* Wait until you become a U.S. citizen. This can take several years as well. Your spouse will qualify for immediate relative of U.S. citizen status. There is no numerical limit for this category. Your spouse can join you by getting a K visa.
* You can leave the U.S. to be united with your spouse. Being absent from the U.S. for an extended period of time will cause Immigration officers to assume that your intent is to abandon LPR status. This may also disrupt your work.
* Your spouse can come to the U.S. on a dual intent visa such as H-1B or L-1. The H-1B visa is subject to an annual cap that has been reached for the fiscal year 2004. The L-1 (intracompany transferee) visa requires that your spouse work for a U.S. company abroad for a year, and that company sponsor an L-1 and transfer the job to the U.S. In either case, if your spouse is terminated from employment, he/she cannot derive any status from you.



actions
1. How can I help?
The key is to raise awareness among Congresspersons and Senators that there is a pressing problem that needs legislative action. This can be achieved through various means:

* Writing to them or calling them.
* Encouraging others to write to them or call them.
* Writing to local media.
* Joining our discussion group to show your support.

Visit our Take Action page for more details.

2. How do I write to or call my Congressperson and Senators?
Writing to your Congressperson and Senators: follow the steps on our Write to Congress page. Calling your Congressperson and Senators: follow the steps on our Call Congress page.

3. Do you accept financial contributions?
We accept financial contributions. Since we are not registered as a 501(c)(3) organization, contributions are not tax deductible. You can contribute by PayPal, check, or wire transfer.

4. Why don't you allow online submission of letters to Congresspersons and Senators? Other websites allow me to send letters with a click of a button.
Online submission of letters to legislators requires us to lease a contact information database. The leasing cost is of the order of hundreds of dollars each month. As an organization whose expenses are borne by volunteers, we cannot afford to lease this database. Consequently, we are unable to provide this service.

5. Why not have an online petition that I can sign?
We are working on an online petition. We hope to have it ready shortly.


miscellaneous
1. Who are you? Are you affiliated with any lobbying group?
Visit the About Us page for a quick introduction. We are not affiliated with any group or party.

2. How do I contact you?
You can contact us by filling in the Contact Us page. You can also send us postal mail at:

UniteFamilies.org
P.O. Box 404
Elmore, OH 43416-0404
U.S.A.

[ImmortalE]

My understanding is that he is adult unmarried son of USC.
When his priority date is current(imm.visa available) he will apply for adjustment of status,
and will need a waiver from AG(USCIS) for AOS to take place.
If his application is granted he can become LPR.

I am not aware of a venue whereby he could regain his previous LPR status, guess his immigration attorney should be better informed on this.

Good luck!

[csunkala]

Thanks again for both of you to reply and to anyone who did.
Well, Dragonfly, my boyfriend did get his greencard before age 14, went to school here he's been here since age 3, than at the age of 20 he went back to Europe overstayed and when he came back his green card was taken away, (stayed in Europe for 5 years) so he reentered with a tourist visa and been here since and filed for petition in 2002 or 2003 and waiting for patition date whatever it is called(i'm not familiar).
Yes i was thinkinkg also isn't there an easier quicker way to just really reinstated the green card???? thank you agian. and yes he filed as a unmarried son of his USC father.

[csunkala]

Thanks again for both of you to reply and to anyone who did.
Well, Dragonfly, my boyfriend did get his greencard before age 14, went to school here he's been here since age 3, than at the age of 20 he went back to Europe overstayed and when he came back his green card was taken away, (stayed in Europe for 5 years) so he reentered with a tourist visa and been here since and filed for petition in 2002 or 2003 and waiting for patition date whatever it is called(i'm not familiar).
Yes i was thinkinkg also isn't there an easier quicker way to just really reinstated the green card???? thank you agian. and yes he filed as a unmarried son of his USC father.