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My Attorney USA Board :: Immigration Law |
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Subject :Green Card..
05-10-2009 09:28:04
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| zustas |
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Joined: 05-10-2009 12:45:30
Posts: 3
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Hello Alexander and Eliza.
My name is Stas, I am from Israel. All members of my family hold Green Card since 2004. (The Green Card Lottery 2003). We all have SSN. We entered some times to USA, the last time it was in 2007.From 2007 we didn’t enter to USA and still leave in Israel.I have NYS Registered Nurse License and I am looking for job across USA. (I am looking to sign the contract before arriving).The question: What problem I will be having if I come with my family to USA. I mean what Immigration officer can do forward my family in airport and How can I react to this. May be there are some action that help me to enter without problem.Thanks.Sincerely, Stas |
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Subject :Re:Green Card..
05-10-2009 18:55:15
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| A.J.Segal |
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Joined: 22-09-2009 22:57:26
Posts: 9
Location: New York |
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Hello Stas: The rules require that in order to maintain your Permanent Resident status, you must not abandon your residency in the USA. Abandonment is a difficult word, as it carries a very specific legal meaning, while at the same time leaves certain leeway for an immigration officer in making a determination of whether you have abandoned the USA residence. In general, it means leaving the country (USA) and staying outside of it with an intention of not returning back. Since the question of one’s intention is subjective in nature, US immigration authorities look into variety of more or less objective indications in order to infer your intentions. Such indications may include, but are not limited to (1) whether you paid you taxes in the USA while staying abroad; (2) maintained your place of residence; or (3) otherwise continued your ties to the community inside the country (USA). Immigration Authorities have taken a position that when you stay outside of the country for more than a year, you create a presumption of abandoning your residency in the USA. Also, when, generally speaking, you stay outside of the USA for a period longer then five months, they consider you an applicant for admission, despite your Permanent Resident status. What it means, is that they can raise a question of your admissibility upon your arrival at the port of entry. In practical terms, it means that they may prevent you from boarding a plane without special boarding letter from a US Consulate, or serve you with a Notice to Appear in Immigration Court. Notice to Appear is a charging document which initiates removal proceedings against you and your family. When they do serve you with an NTA, it means that they are seeking either your deportation from the USA, if you are already in, or removal form the country on the grounds that you are inadmissible into this country for not having a valid entry document. They consider you not having such a document since, in their view, you have abandoned your residency and failed to request an entry visa or other document from the US Consulate. I hope I answered your question, A.J. Segal. |
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Last Edited On: 05-10-2009 19:10:36 By A.J.Segal for the Reason |
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Subject :Re:Green Card..
06-10-2009 06:50:56
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| zustas |
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Joined: 05-10-2009 12:45:30
Posts: 3
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Здраствуйте Александер! Извените, но я буду писать по -русски.
У меня есть к вам ещё несколько вопросов :
1. Какие именно документы или документ мне нужно попробовать получить в Американском посольстве, что бы облегчить въезд?
2. Можете ли Вы оказать мне платную помощь в решении моей проблемы и сколько это будет стоить?
3.Если я заезжаю в США один, снимаю квартиру, нахожу работу в течении нескольких месяцев ,а потом привожу жену и детей, облегчит ли это наш въезд?
Заранее благодарен за ваше внимание.
Стас
zustas@yahoo.com |
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Subject :Re:Green Card..
07-10-2009 10:51:22
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| A.J.Segal |
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Joined: 22-09-2009 22:57:26
Posts: 9
Location: New York |
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I cannot really respond to you in Russian, though I did read your post in Russian. My Russian grammar is not that great, so I will respond in English, but you can continue writing in Russian. I read. Your problem is that you need a Boarding Letter from the Consulate in order to board a plane. Does this mean that they will absolutely positively not allow you on the plane without the letter? No. What it means is that they may do that. The actual decision depends on the discretion of the particular people at the airport. Second level of inspection is at the airport in the USA. Here, they may serve you with an NTA to appear in Immigration Court, or they will not. It depends on the discretion of a particular border patrol officers. I am sorry that I cannot be any more specific than that. but this is the actual situation as it stands now.
In Immigration Court, if you are in front of a judge, you will have to show that you have indeed maintained your ties to the community despite extended absence from the country. Otherwise, they may take your GC away.
I can try and help you with the further advice, but this discussion becoming too personalized to be continued here on this forum. If you need a more detailed consultation, please let me know and we will contact you via email to schedule a consultation. There is a fee involved in a consultation and we maintained those via Skype, for people who are not in the country.
Alex. |
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Last Edited On: 07-10-2009 11:29:10 By A.J.Segal for the Reason |
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Subject :Re:Green Card..
11-10-2009 08:34:36
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| zustas |
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Joined: 05-10-2009 12:45:30
Posts: 3
Location: |
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Thanks Alex for your replay.
Please let me know to my e-mail: zustas@yahoo.com what is the fee for consultation and when I decide about it how can I notice you.
Sincerely, Stas |
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