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Posted by Tatiana B. Durbak on August 22, 2002 at 21:53:15:
In Reply to: Tetjana znovu razom iz namy - i zrazu pomylky posted by Neprofesional on August 22, 2002 at 14:22:18:
: Stche ne vstygla zyavytys - i vidrazu podaye falshyvu informatsiu:
: (tsytata)Koly postijni meshkanci SSHA shcho perebuvaly poza mezhamy Ameryky bil'she chym 6 misjaciv povertajut'sja do SSHA bez "re-entry permit," vony uvazhajut'sja aplikantamy na vjizd, a ne povertajuchynysja meshkancjamy (kinets tsytaty).
: Chym des propadaty, krastche b trohy povchylas chy knyzhly pochytaty. A to navit lyudy, yaki ne ye yurysty, dayut korrektnishu vidpovid.
To Neprofesional --
I am writing in English, because perhaps, then you will understand what I am saying. Someone wrote on this board a while ago that my Ukrainian language is lacking. My English is not, so anything I write in English should be clear to anyone who understands the language.
1) In the US, when one person believes that another has committed an error, it is considered
courteous to let that person know privately, whenever possible. It is clear that you do not follow such niceties. Also, in the US, it is considered bad form by polite people to criticize another anonymously, as you are doing.
Actually, in Ukraine, the country from which my parents came, which I often visit, and where I currently have family and friends, those standards have also been the norm among courteous people.
2) I don't know exactly why you believe that it is necessary for you to constantly attack me in a personal manner. It is getting tiresome.
3) If you believe yourself to be an expert in immigration law, it appears that you are the one who needs to do some reading.
The following reply does NOT constitute legal advice. It is educational in nature. It should not be used in the place of advice from a competent attorney.
INA Section 101(a)(13)(C) states:
An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous period in excess of 180 days....
This means that if an alien lawfully admitted for permanent residence in the US has been absent from the US for a continuous period in excess of 180 days, that person WILL be considered an applicant for admission (i.e. "aplikant na vjizd"). In common usage in the US, 180 days is usually referred to as 6 months, and vice versa. I have often stated on this board that my comments do not constitute leagal advice and should not be used as such. I include my e-mail, so that people who want additional information or who have questions regarding what I write, can contact me directly. Then, I may give legal advice. Since I am not giving legal advice on this site, it is perfectly appropriate for me to use common usage, such as referring to 180 days as 6 months. Moreover, for ease of calculation, Border Control officers often use 6 months, rather than 180 days when calculating length of absence to justify treating a person as an applicant for admisison.
Other portions of immmigration law address re-entry permits.
I will not respond to any more of your attacks, because, as I have said, they are tiresome. You do not have the courtesy or, perhaps the courage of your convictions, to give your name and e-mail address. This means that you should be ignored, and from now on, I will ignore you. Anyone who chooses to pay more attention to someone writing anonymously than to someone who gives her name is completely free to do so.
If you are actually interested in discussing legal matters with me, you can write to me directly. This web page is not an appropriate forum for legal discussion.
Tatiana Durbak