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Posted by Tatiana Durbak on March 03, 2004 at 22:54:16:
In Reply to: Need Help - info about immigrant visa posted by Marina on March 03, 2004 at 11:01:15:
People who apply for an immigrant visa must intend to reside in the US permanently.
Permanent residence is established if a person has a permanent place to live and, depending on the person's age and circumstances, has a job.
Legal permanent residents are allowed to travel out of the US and remain out of the US for certain periods of time, without risking the loss of their status.
If a permanent resident remains out of the US for fewer than 6 months, under current law it is assumed (there is a presumption) that the person did not intend to abndon her/his permanent residence in the US.
If the permanent resident remains out of the US for more than 6 months, but fewer than 12, then under current law, immigration and border control officers are allowed to presume that the person may have intended to abandon permanent residence in the US. This presumption is "rebuttable." This means that the person is allowed to demonstrate to the border control people that s/he did not intend to abandon residence. Not all persons who enter after an absence of more than 6 months are required to present such evidence, but the law permits the border control officers to require this.
If a permanent resident who has not received a re-entry permit remains out of the US for more than one year, that person loses permanent resident automatically, unless s/he can convince officials at the US consulate that there were extraordinary circumstances that caused the prolonged absence from the US.
I hope that this answers your questions.
: HI, I'm trying to find out how people can come to US with immigrant visa but they do not intend to live in US. Seems like this is the only visa (petition for alien relative) that my parents can get in order to be able to visit us without being denied. Will they need stamp "permanent Residency - USA" before they come or it is not a neccesity, they just want to be able to come and visit us once a year. If I file petition for relative alien, does it mean that my parents are supposed to seek permanent residency - I'll have to explain in connection to what I am submitting one of the required forms biographic information).
: Any help is highly appreciated!
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