Check this out
2. Reentry Permit Alone Insufficient to Retain GC Status
It generally has been BCIS / Legacy INS practice and policy that a
green card holder who has obtained a reentry permit from BCIS was allowed
to remain abroad for a long period of time, without being deemed to have
abandoned GC status. The reentry permit, generally, had been sufficient
to reenter the U.S. after lengthy absences abroad. However, in a recent
case in the Fifth Circuit Court of Appeals, Zeba Moin, et al. v. John
Ashcroft, U.S. Attorney General, the court held that a permanent
resident must be able to show continued ties to the U.S., even with a valid
reentry permit.
The Fifth Circuit found that merely having a reentry permit does not
guarantee that a green card holder will be found legally admissible to
return to the U.S. if s/he is unable to show other ties to the U.S. The
court stated that: “to qualify as a returning resident alien, an alien
must have acquired lawful permanent resident status in accordance with
our laws, must have retained that status from the time that [she]
acquired it, and must be returning to an unrelinquished lawful permanent
residence after a temporary visit abroad.” The court further stated, “a
reentry permit, in and of itself, does not prevent a finding that an alien
has abandoned her permanent residency status.” Essentially, the court
held that, without any other ties to the U.S., a lengthy visit abroad is
not “temporary” in nature and will result in the person's losing GC
status, even if s/he had obtained a reentry permit. In the case cited,
Zeba Moin and her son, Moiz Ullah, had appealed a ruling of the Board of
Immigration Appeals that held that Ms. Moin had abandoned her lawful
permanent resident status and was, therefore, subject to exclusion and
removal or deportation.
In order to maintain permanent resident status, a person needs to
maintain strong ties to the U.S. Examples of such ties are: filing annual
tax returns as a permanent resident; maintaining property in the U.S.,
having family members in the U.S., involvement with community
organizations, having an address in the U.S., even if the address may be that of a
friend or relative; maintaining a valid driver’s license; maintaining
bank account/s; holding credit card and other accounts; and keeping some
personal belongings in the U.S. We encourage MurthyDotCom and
MURTHYBULLETIN readers who have attained lawful permanent resident status to
consider these factors and retain their strong ties to the U.S. It is
important to ensure the GC status, obtained through an investment of time
and expense, is not lost. It is also wise to speak with an immigration
attorney prior to any travel outside the U.S. that is expected to last
180 days or more.
