baolocdo
Member
I found this document regarding the 5 year limitation: https://drive.google.com/file/d/0B9s0HR8rPxp1d0JsRUdyRUJyem8/view?usp=sharing
To summarize:
You can Google "uscis greencard rescind vs revoke". There are some difference between those 2 words depending on the time you apply for naturalization. I read another doc but I forgot where I store it.
To summarize:
"Section 246(a) of the INA creates a five-year stat-
ute of limitations for rescinding a Lawful Permanent Resident’s (LPR’s)
status upon a finding that the LPR was ineligible for LPR status at the
time of adjustment and thus received the status erroneously. In situa-
tions where the limitations period has passed, this section has on many
occasions come into conflict with INA sections governing noncitizen
removal. This tension has resulted in a split among the circuit courts as
to whether the five-year statute of limitations that applies to rescinding
an LPR’s status acquired by adjustment of status should apply to
removal proceedings in which the Department of Homeland Security’s
claim for removal is that the noncitizen was ineligible for LPR status at
the time of adjustment."
More information: http://www.lawcourts.ca/can-federal-immigration-court-revoke-green-card-status/. Notice at the end of the website:ute of limitations for rescinding a Lawful Permanent Resident’s (LPR’s)
status upon a finding that the LPR was ineligible for LPR status at the
time of adjustment and thus received the status erroneously. In situa-
tions where the limitations period has passed, this section has on many
occasions come into conflict with INA sections governing noncitizen
removal. This tension has resulted in a split among the circuit courts as
to whether the five-year statute of limitations that applies to rescinding
an LPR’s status acquired by adjustment of status should apply to
removal proceedings in which the Department of Homeland Security’s
claim for removal is that the noncitizen was ineligible for LPR status at
the time of adjustment."
'the USCIS Adjudicators Field Manual that provides that “the fact that an LPR was not eligible for adjustment of status does not automatically mean that you must rescind the LPR’s lawful permanent resident status. If the LPR was not aware of the ineligibility and intended no fraud or deception in obtaining lawful permanent resident status, you may decide not to institute rescission proceedings, particularly if the LPR has accrued other equities during his or her residence. Once the decision not to rescind is made, the matter may not be reconsidered unless new facts are uncovered that were not known at the time of the original decision.”'
You can Google "uscis greencard rescind vs revoke". There are some difference between those 2 words depending on the time you apply for naturalization. I read another doc but I forgot where I store it.
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