S Folinsky

It is sometimes discussed on these forums on how long a green card hold can stay outside of the United States without abandonment of LPR status. The answer is that length of time is but one factor in determining intent. However, the I-551 card is considered valid documentation of status only if the person has been out of the US less than a year. There are also separate rules in the naturalization arena for "continuity of residence" which are time related.

Here is a very recent case from the Court of Appeals where the alien was out for six years.

In regards to the naturalization rules, I note that Mr. Khoshfahm physically returned to the US in February 2007. He now appears to have the requisite five years of continuity of residence for naturalization inasmuch as it is now more than four years since his arrival.

A I

Wow, very nice.

Would this gentleman have been legally allowed to work in the USA to support himself during all this time his appeals have been ongoing? In addition to the anxiety and expenses of the case, I'm sure the money for room and board did not magically appear.

fatbrit

One wonders why anyone (we had a recent thread) tries to pursue an SB-1 when the odds are so much better when you gatecrash. The burden of proof resting on the government rather than you is a much better place to be.

S Folinsky

LPR's are allowed to work incident to status.

A I

Right, but what about after losing the first 2 appeals? Seems the US did not consider him a PR then? Would he have been able to renew his PR card during these appeals processes? And thank you for bringing to our attention this very interesting case.

S Folinsky

The law was amended in 1996 where there is now one level of administrative appeal followed by one level of court appeal.

By regulation, the Immigration Court order is not "final" unless appeal is waived or 30 days passes without an appeal being filed.

Notionally speaking, it can be said he is no longer an LPR when the BIA's "final order" is pending "review" by the Court of Appeals. In practice, the person is treated as if they are still an LPR. I've never seen any discussion of this, but I surmise that for the Dark Forces to do otherwise, serious constitutional issues would involved.

hobbes79

One of those 'easier to ask forgiveness than permission' situations!

S Folinsky

Interesting to compare and contrast this other recent thread regarding travel by an LPR. That poster was talking about a brief sojourn and had valid documentation to return.

discoviking

That was an interesting read, thank you for posting it. This case illustrates how complex and subjective abandonment issues can be.