'Green' Card Renewals: Security and Safety Concerns
May 20th 2009, 12:49 am
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US immigration lawyer.
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Joined: Jan 2008
Location: Los Angeles & Palm Springs, California
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'Green' Card Renewals: Security and Safety Concerns
USCIS has recently announced guidance regarding the processing of Form I-90, Application to Replace LPR Card.
USCIS used often to hold adjudication of I-90s in abeyance, pending resolution of any national security or "egregious public safety" concerns. This would often lead to months, if not years, of waiting for an LPR to receive a replacement card. The Service has finally realized
that LPRs remain LPRs until the status is abandoned or revoked through rescission/removal proceedings. In other words, an LPR is entitled to evidence of his/her status -- and that evidence is an LPR card -- whether or not s/he has a criminal record, is under investigation, or on a watch list.
Any I-90 filed which has "an associated national security or egregious public safety concern" is supposed to be adjudicated, regardless of the results of the security check. However, applicants should be aware that any national security or egregious public safety issue will be referred to ICE for investigation and "resolution."
--J Craig Fong
Los Angeles, CA
USCIS used often to hold adjudication of I-90s in abeyance, pending resolution of any national security or "egregious public safety" concerns. This would often lead to months, if not years, of waiting for an LPR to receive a replacement card. The Service has finally realized
that LPRs remain LPRs until the status is abandoned or revoked through rescission/removal proceedings. In other words, an LPR is entitled to evidence of his/her status -- and that evidence is an LPR card -- whether or not s/he has a criminal record, is under investigation, or on a watch list.Any I-90 filed which has "an associated national security or egregious public safety concern" is supposed to be adjudicated, regardless of the results of the security check. However, applicants should be aware that any national security or egregious public safety issue will be referred to ICE for investigation and "resolution."
--J Craig Fong
Los Angeles, CA
May 20th 2009, 1:08 am
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Posts: 16,266
Re: 'Green' Card Renewals: Security and Safety Concerns
Hello all:
The immigration bar scuttlebut on this announcement is that it is a result of some immigration lawyers who have a firm belief in "sue the bastards!"
CBP has been pretty good in giving evidence of continuing LPR status while they are attempting to take it away from you. However, in the past, one had to ask. I have now had several clients come in with I-94's issued by CPB endorsed with temporary I-551 stamps valid until the deferred inspection. This has been done at the Airports.
So, DHS is catching on to the fact that the very definition of lawfully admitted to permanent residences set forth in the statute contains a statement that having been granted, it exists until it is changed.
Please note that DHS consists of three separate agencies -- CBP, CIS and ICE. It is not uncommon for ICE to vehemently disagree with the other two components of the DHS.
The immigration bar scuttlebut on this announcement is that it is a result of some immigration lawyers who have a firm belief in "sue the bastards!"
CBP has been pretty good in giving evidence of continuing LPR status while they are attempting to take it away from you. However, in the past, one had to ask. I have now had several clients come in with I-94's issued by CPB endorsed with temporary I-551 stamps valid until the deferred inspection. This has been done at the Airports.
So, DHS is catching on to the fact that the very definition of lawfully admitted to permanent residences set forth in the statute contains a statement that having been granted, it exists until it is changed.
Please note that DHS consists of three separate agencies -- CBP, CIS and ICE. It is not uncommon for ICE to vehemently disagree with the other two components of the DHS.
