SB1

Old Sep 11th 2017, 4:53 pm
  #16  
 
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Default Re: SB1

Originally Posted by Maximus12
But in order to have the hearing with the immigration judge you have to present yourself at the border. If you don't present yourself then you don't see the CBP therefore you don't see the judge and therefore you are legally still a PR.
The IRS probably sees it that way, but that isn't a good thing.
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Old Sep 11th 2017, 4:55 pm
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Default Re: SB1

Originally Posted by ian-mstm
Okay - so what advantage is there in being able to claim you're a PR without ever having that status questioned? Of what use can it possibly be?

Ian
That's beside the point.

I am just trying to understand the exact mechanism of how the system works.
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Old Sep 11th 2017, 5:02 pm
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Default Re: SB1

Originally Posted by Pulaski
The IRS probably sees it that way, but that isn't a good thing.
I know because right now PRs are subject to world wide income taxation.

Non PRs are not.
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Old Sep 11th 2017, 5:04 pm
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Default Re: SB1

Originally Posted by Maximus12
.... I am just trying to understand the exact mechanism of how the system works.
Think of it like Schroedinger's cat - you don't know until you look, but once you look you know, and the die is cast.

I think Ian, Rene, and I are all confused about it what possible useful purpose you think there is there to being a "US permanent resident", when you are trapped outside the US such that if you enter the US your permanent residence will be determined to be terminated?
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Old Sep 11th 2017, 5:16 pm
  #20  
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Default Re: SB1

Originally Posted by Maximus12
That's beside the point.
Well then, enjoy your PR status in absentia... for all the good it can possibly do you!

Ian
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Old Sep 11th 2017, 5:52 pm
  #21  
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Default Re: SB1

I am going to talk with my immigration lawyer later this week.

Thank you for the insights!
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Old Sep 11th 2017, 6:22 pm
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Default Re: SB1

Originally Posted by Maximus12
That's beside the point.

I am just trying to understand the exact mechanism of how the system works.
I think your problem is presuming there is an exact answer, can be pretty clear when somebody is maintaining their status and when they are not.

And there is that big fudge area in the middle.

Strike me just on the limited information you have shared that you are nearer the abandonment side but not my call.

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Old Sep 11th 2017, 6:42 pm
  #23  
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Default Re: SB1

Based on the answers i have seen I think you are exactly right. There are no definite and exact answers to my query.

My goal is to remain as a PR. I hope my lawyer will be able to provide some concrete answers.

PS I like the clip. This defines this thread and my queries very well

Last edited by Maximus12; Sep 11th 2017 at 6:46 pm.
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Old Sep 11th 2017, 6:42 pm
  #24  
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Default Re: SB1

Have you acted as a sponsor for someone else as an LPR?

Only other reason I can logically see for you wishing to keep LPR status in absentia.
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Old Sep 11th 2017, 6:59 pm
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Default Re: SB1

Originally Posted by TheKingOfHearts
Have you acted as a sponsor for someone else as an LPR?

Only other reason I can logically see for you wishing to keep LPR status in absentia.
My curiosity is probably getting the better of me. I can get like this sometimes. I guess I'm just trying to figure out all possibilities available.
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Old Sep 12th 2017, 4:23 am
  #26  
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Default Re: SB1

I am somewhat amused by the discussion. A good lawyer will avoid giving exact certain answers. Also, I can easily envision Optimus forcing his lawyer to hem and haw a little bit in their conversation. Lawyers are taught that attorney-client privilege belongs to the client, not the lawyer and it is a good idea to assume the client is wearing a wire.

I earlier provided the Angeles v District Director case. I actually think she had a fairly good set of facts but had the misfortune of hitting the "wrong" Immigration Judge. (Whose very name was a bad pun, but I digress). Once the IJ gave a lucid thumbs down, it turned out to be impossible to reverse.

BTW, although I like to think I'm knowledgable about the law on abandonment, the area scared me. Nonetheless I remain amused.
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Old Sep 12th 2017, 4:27 am
  #27  
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Default Re: SB1

Originally Posted by S Folinsky
I am somewhat amused by the discussion. A good lawyer will avoid giving exact certain answers. Also, I can easily envision Optimus forcing his lawyer to hem and haw a little bit in their conversation. Lawyers are taught that attorney-client privilege belongs to the client, not the lawyer and it is a good idea to assume the client is wearing a wire.

I earlier provided the Angeles v District Director case. I actually think she had a fairly good set of facts but had the misfortune of hitting the "wrong" Immigration Judge. (Whose very name was a bad pun, but I digress). Once the IJ gave a lucid thumbs down, it turned out to be impossible to reverse.

BTW, although I like to think I'm knowledgable about the law on abandonment, the area scared me. Nonetheless I remain amused.
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Old Sep 12th 2017, 4:30 am
  #28  
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Default Re: SB1

Not bad. LOL.
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