Returning LPR vs. 8 CFR
Jan 28th 2008, 4:05 pm
#1
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Returning LPR vs. 8 CFR
Does the 8 CFR mean a returning Lawful Permanent Resident’s 10 years Green Card and 2 years Reentry Permit will automatically become expired/invalid if the LPR leaving the USA for over one year?
8 CFR Sec. 211.3 Expiration of immigrant visas, reentry permits, refugee travel document, and Form I - 551.
An immigrant visa, reentry permit, refugee travel document, or Form I - 551 shall be regarded as unexpired if the rightful holder embarked or enplaned before the expiration of his or her immigrant visa, reentry permit, or refugee travel document, or with respect to Form I - 551, before the first anniversary of the date on which he or she departed from the United States, provided that the vessel or aircraft on which he or she so embarked or enplaned arrives in the United States or foreign contiguous territor y on a continuous voyage. The continuity of the voyage shall not be deemed to have been interrupted by scheduled or emergency stops of the vessel or aircraft en route to the United States or foreign contiguous territory, or by a layover in foreign contiguous territory necessitated solely for the purpose of effecting a transportation connection to the United States.
8 CFR Sec. 211.3 Expiration of immigrant visas, reentry permits, refugee travel document, and Form I - 551.
An immigrant visa, reentry permit, refugee travel document, or Form I - 551 shall be regarded as unexpired if the rightful holder embarked or enplaned before the expiration of his or her immigrant visa, reentry permit, or refugee travel document, or with respect to Form I - 551, before the first anniversary of the date on which he or she departed from the United States, provided that the vessel or aircraft on which he or she so embarked or enplaned arrives in the United States or foreign contiguous territor y on a continuous voyage. The continuity of the voyage shall not be deemed to have been interrupted by scheduled or emergency stops of the vessel or aircraft en route to the United States or foreign contiguous territory, or by a layover in foreign contiguous territory necessitated solely for the purpose of effecting a transportation connection to the United States.
Jan 28th 2008, 6:32 pm
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Re: Returning LPR vs. 8 CFR
Does the 8 CFR mean a returning Lawful Permanent Resident’s 10 years Green Card and 2 years Reentry Permit will automatically become expired/invalid if the LPR leaving the USA for over one year?
8 CFR Sec. 211.3 Expiration of immigrant visas, reentry permits, refugee travel document, and Form I - 551.
An immigrant visa, reentry permit, refugee travel document, or Form I - 551 shall be regarded as unexpired if the rightful holder embarked or enplaned before the expiration of his or her immigrant visa, reentry permit, or refugee travel document, or with respect to Form I - 551, before the first anniversary of the date on which he or she departed from the United States, provided that the vessel or aircraft on which he or she so embarked or enplaned arrives in the United States or foreign contiguous territor y on a continuous voyage. The continuity of the voyage shall not be deemed to have been interrupted by scheduled or emergency stops of the vessel or aircraft en route to the United States or foreign contiguous territory, or by a layover in foreign contiguous territory necessitated solely for the purpose of effecting a transportation connection to the United States.
8 CFR Sec. 211.3 Expiration of immigrant visas, reentry permits, refugee travel document, and Form I - 551.
An immigrant visa, reentry permit, refugee travel document, or Form I - 551 shall be regarded as unexpired if the rightful holder embarked or enplaned before the expiration of his or her immigrant visa, reentry permit, or refugee travel document, or with respect to Form I - 551, before the first anniversary of the date on which he or she departed from the United States, provided that the vessel or aircraft on which he or she so embarked or enplaned arrives in the United States or foreign contiguous territor y on a continuous voyage. The continuity of the voyage shall not be deemed to have been interrupted by scheduled or emergency stops of the vessel or aircraft en route to the United States or foreign contiguous territory, or by a layover in foreign contiguous territory necessitated solely for the purpose of effecting a transportation connection to the United States.
Where do you get the idea that the 2-year entry permit becomes invalid if one is out a year? Curious minds would like to know.
Also, please take a look at 8 CFR 211.4. However, I happen to think that the decision is not one of "discretion." Also look at 8 CFR 235.3(b)(5).
The law of abandonment is a complicated and fact specific area. A little knowledge can be dangerous. Even many immigration attorneys don't get it. I find I have to "reinvent the wheel" on every abandonment case I've ever handled.
Jan 29th 2008, 2:53 pm
#4
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Re: Returning LPR vs. 8 CFR
The 8 CFR Sec. 211.3 is regarding to Expiration of immigrant visas, reentry permits, refugee travel document, and Form I - 551. Since you do not think the Reentry Permit and Form 551 (Green Card) will become expired after one leaving the USA for over one year, can anyone explain the 8 CFR Sec. 211.3?
Jan 29th 2008, 5:15 pm
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Re: Returning LPR vs. 8 CFR
The 8 CFR Sec. 211.3 is regarding to Expiration of immigrant visas, reentry permits, refugee travel document, and Form I - 551. Since you do not think the Reentry Permit and Form 551 (Green Card) will become expired after one leaving the USA for over one year, can anyone explain the 8 CFR Sec. 211.3?
I gave you the other citations. I have not bothered to cite to the case law. You are focused on one provision in the regulations. Lawyers look at all the sections, consider the statute and case law.
It is a complicated area. It is quite fact specific. I believe in brief "briefs" and my abandonment ones are usually quite long.
Jan 29th 2008, 11:48 pm
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Re: Returning LPR vs. 8 CFR Sec. 211.3
So, the Green Card will not expire as well as Reentry Permit after one leaving the country for over one year, right? If so, can LPR reenter the USA with his green card or he is required by law to apply for a returning visa before reentering the USA?
Jan 30th 2008, 1:12 am
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Re: Returning LPR vs. 8 CFR Sec. 211.3
Rene
Jan 30th 2008, 1:13 am
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Re: Returning LPR vs. 8 CFR Sec. 211.3
Ian
Jan 30th 2008, 1:29 am
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Re: Returning LPR vs. 8 CFR Sec. 211.3
Charlie Chaplin had a reentry permit. Never did him any good.
Jan 30th 2008, 2:32 pm
#10
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Re: Returning LPR vs. 8 CFR Sec. 211.3
I hope you are not responding to my post. I said no such thing.
Jan 31st 2008, 1:45 am
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Re: Returning LPR vs. 8 CFR Sec. 211.3
Hi, what such thing did you say, the Green Card, Reentry Permit or both? Can you say it again? According to the 8 CFR Sec. 211.3, will a 10-years Green Card expire if the LPR leaves USA for over one year and why? I am talking about the Form I-551 only this time and leave the Reentry Permit next. Or any expert can explain what on earth the 8 CFR Sec. 211.3 means?
Jan 31st 2008, 2:08 am
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Re: Returning LPR vs. 8 CFR Sec. 211.3
Inasmuch as 8 CFR 211.3 states what it says and nothing more, where do you get the idea that it says that a 10 year I-551 expires if one leaves for over a year? You QUOTE the entire section, highlight in red, and then you can't be bothered to read it.
This section is one of the more clear sections in the regulations. Please read it. To repeat -- it says what it says and NOTHING MORE.
Jan 31st 2008, 2:12 am
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Re: Returning LPR vs. 8 CFR Sec. 211.3
Hi, what such thing did you say, the Green Card, Reentry Permit or both? Can you say it again? According to the 8 CFR Sec. 211.3, will a 10-years Green Card expire if the LPR leaves USA for over one year and why? I am talking about the Form I-551 only this time and leave the Reentry Permit next. Or any expert can explain what on earth the 8 CFR Sec. 211.3 means?
Jan 31st 2008, 3:45 pm
#14
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Re: Returning LPR vs. 8 CFR Sec. 211.3
Hi:
Inasmuch as 8 CFR 211.3 states what it says and nothing more, where do you get the idea that it says that a 10 year I-551 expires if one leaves for over a year? You QUOTE the entire section, highlight in red, and then you can't be bothered to read it.
This section is one of the more clear sections in the regulations. Please read it. To repeat -- it says what it says and NOTHING MORE.
Inasmuch as 8 CFR 211.3 states what it says and nothing more, where do you get the idea that it says that a 10 year I-551 expires if one leaves for over a year? You QUOTE the entire section, highlight in red, and then you can't be bothered to read it.
This section is one of the more clear sections in the regulations. Please read it. To repeat -- it says what it says and NOTHING MORE.
8 CFR Sec. 211.3 Expiration of immigrant visas, reentry permits, refugee travel document, and Form I - 551.
An immigrant visa, reentry permit, refugee travel document, or Form I - 551 shall be regarded as unexpired if the rightful holder embarked or enplaned before the expiration of his or her immigrant visa, reentry permit, or refugee travel document, or with respect to Form I - 551, before the first anniversary of the date on which he or she departed from the United States,…
Will the Form I-551 and Reentry Permit expire after a permanent resident leaves USA for over one year according to the 8 CFR Sec. 211.3 and why? It seems we still have no expert can explain it but Maybe only. Is it too hard to understand it?
Last edited by immiq; Jan 31st 2008 at 3:50 pm.
Jan 31st 2008, 4:28 pm
#15
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Re: Returning LPR vs. 8 CFR Sec. 211.3
Hi! Here you go.
8 CFR Sec. 211.3 Expiration of immigrant visas, reentry permits, refugee travel document, and Form I - 551.
An immigrant visa, reentry permit, refugee travel document, or Form I - 551 shall be regarded as unexpired if the rightful holder embarked or enplaned before the expiration of his or her immigrant visa, reentry permit, or refugee travel document, or with respect to Form I - 551, before the first anniversary of the date on which he or she departed from the United States,…
Will the Form I-551 and Reentry Permit expire after a permanent resident leaves USA for over one year according to the 8 CFR Sec. 211.3 and why? It seems we still have no expert can explain it but Maybe only. Is it too hard to understand it?
8 CFR Sec. 211.3 Expiration of immigrant visas, reentry permits, refugee travel document, and Form I - 551.
An immigrant visa, reentry permit, refugee travel document, or Form I - 551 shall be regarded as unexpired if the rightful holder embarked or enplaned before the expiration of his or her immigrant visa, reentry permit, or refugee travel document, or with respect to Form I - 551, before the first anniversary of the date on which he or she departed from the United States,…
Will the Form I-551 and Reentry Permit expire after a permanent resident leaves USA for over one year according to the 8 CFR Sec. 211.3 and why? It seems we still have no expert can explain it but Maybe only. Is it too hard to understand it?
Best Wishes,
Rene