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Music and Art at the Ukrainian Institute of America
Posted by Tatiana Durbak on March 07, 2004 at 01:47:07:
In Reply to: Re: Need Help - info about immigrant visa posted by Experienced on March 06, 2004 at 11:41:28:
When a lawful permanent resident (LPR) who has been absent for more than 180 consecutive days returns to the US, that person is considered an applicant for admission. At that time, questions may be asked about abandonment of residence.
An LPR who has been out of the US for fewer than 180 is considered to be a "returning alien."
An LPR who has been absent for more than one continuous year, is considered to have abandoned LPR status, unless that person can prove that the visit was temporary (in the legal sense). There is quite a bit of established case law explaining when a visit abroad is temporary and when it is not.
If an LPR spends very little time in the US, it is theoretically possible that the immigration service may find that residence was abandoned, even if the person did not stay out for longer than one year. However, there are ways to avoid this problem. Any immigration lawyer can explain all of this to anyone who is interested.
Permanent residents are allowed to travel. Being absent from the US for more than a total of 365 days over the period of 5 years will not cause any problems, as long as the absence is not continuous, and as long as each absence is for fewer than 180 consecutive days.
: I guess Tatiana is missing here one important point: they must not been absent for more than 6 months during the year (12 months) in order not to lose permanent residence status. You might be absent for less than 183 days in the row and still lose you permanent residency status if you absent 183 days during 365 days and 365 days during 5 years. As far as you became US citizen you must read this the number of times in your fiancé visa statement, in your application for US citizenship and you still hope that somebody will tell you something new. Receiving the status will help them to visit you ones or twice.
: They can get some problems leaving Ukraine with permanent visa, but if they are not going to stay better find the way to leave without PMZ (tell border guard that you are going permanently out, use third country-evenly Russia). Otherwise except of getting PMZ stamp they will need another painful procedure of getting back their internal passports.
: : 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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