robwoj said:
I do not understand why are people so paranoid about going abroad for an extended time.
To Robwoj, Hadron and all other people except the JoeF and Pralay:
Nothing in the law said that "going abroad for good" is a bad faith and will subject you to give up GC.
read the following law review by the most authoritive experts of US and you can see that the two idiots have fabricated many " novel theories" to poison other people.
It is really useless to argue with them if they keep rejecting to learn something and clean their brain.
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"[2]-- Reentry Permits
[a]-- In General
Since 1924 the immigration laws have provided for the issuance of reentry permits to lawful alien residents of the United States who wished to make temporary visits to foreign countries. The reentry permit is one of the acceptable documents that may be presented by aliens seeking to enter the United States. The use and need for reentry permits has been diminished by procedures which accredit a permanent resident card (Form 551) as an acceptable entry document for alien residents returning from temporary absence abroad not exceeding one year.15
At one time an alien who intended to travel to specified Iron Curtain countries had to apply for a reentry permit, which could be used for this purpose only if written permission was obtained from the Secretary of State. However, these requirements were eliminated in 1977 and there currently are no restrictions on the use of I-151 or I-551 or a reentry permit in traveling to Iron Curtain countries.
A refugee travel document issued to a lawful permanent resident is regarded as a reentry permit.16 During the Iranian hostage crisis, a regulation was adopted invalidating a reentry permit presented by an alien who, during his temporary absence abroad, traveled to, in, or through Iran, unless such travel was approved by the Department of State.17 These restrictions were rescinded in 1981.18
Like the American passport, the reentry permit does not infallibly assure entry into the United States. At most, it is prima facie evidence of the bearer's lawful status.19 The reentry permit is equivalent to a visa and thus relieves its rightful holder from other documentary requirements.20 And it shows that he is returning from a temporary visit abroad.21 But the statue emphasizes that the reentry permit has no other effect under the immigration laws.22
The underlying premise of a reentry permit is that the applicant is lawfully in the United States and is entitled to return,23 and that he is departing temporarily.24 Consequently, an alien unlawfully in the United States who wrongfully obtains a reentry permit gains nothing from his wrong. He is excludable upon his return and if he eludes detection he subsequently can be expelled.25 And even if the reentry permit was issued in error, without any fraud, it confers no right to reenter.26 But without any showing of fraud or mistake, an attempt to disregard the reentry permit may be considered arbitrary and capricious.27
Moreover, residents who voluntarily leave the United States including those with reentry permit, are subject to the reentry doctrine and upon their return may have to establish admissibility to the United States in the same manner as new entrants. They may be barred for any exclusionary ground prescribed by the immigration laws, e.g., for certain crimes or other misconduct prior to such entry.28 And if he had an unrelinquished domicile in the United States of seven consecutive years the ground for his inadmissibility may be waived. In addition, a waiver can be awarded to a returning lawful resident for any documentary defect or omission.
-- Eligibility
The basic prerequisite of the reentry permit is that the applicant prove that he has been lawfully admitted to the United States for permanent residence.29 It must appear that he has not abandoned his residence in the United States.30 He must establish also that his application is made in good faith in connection with a temporary visit abroad.31 And his application will be granted only if the Attorney General finds that his proposed departure would not be contrary to the interests of the United States.32 The regulations also provide, for the purpose of preventing abuse resulting from the possession of multiple documents, that the holder of a refugee travel document cannot obtain a reentry permit unless he surrenders the refugee travel document.33 They also provide that a reentry permit will not be issued, with specified exceptions, to a person who intends to travel in, to, or through Libya.34 Moreover, the INA is explicit in declaring that the issuance or extension of a reentry permit is within the discretion of the Attorney General.35
[c]-- Procedure
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(1-10 Immigration Law and Procedure § 10.05 )
