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prudhvi007

LPR Status Abandonment Risk?

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Hi, 

My relative was recently stopped at the US port of entry at the airport, and questioned why she was gone from US for over 6 months (she was gone for approx. 6 months and two weeks). The immigration officer at the port of entry also questioned her intention to live in US as she usually comes to US every 5 months or so, stays in U.S for several weeks and leaves for her former home country. She was never questioned until now. This time, she was 1) questioned strictly at the port of entry, 2) warned about potential LPR status abandonment through judge decision 3) advised to have a re-entry permit in she's gone again for "extended period of time" (no specifics on timing), and finally 4) let into US with an admission stamp in her passport saying "ARC 6 months".

I'd like to know:

1) Based on her experience at the port of entry, does this mean that her LPR status is already considered as "abandoned", even through she was let into US? Is there a way to know if any action was taken against her status? 

2) Does she really need a re-entry permit if she intends to come back in 4 to 5 months? (she has to go back to home country after staying in US for 2 weeks to undergo a special medical treatment since she cannot afford these costs in US).

3) If she does need a re-entry permit, would the two year period (while the permit is valid) be part of continuous residency or does it stop the 5-year countdown to naturalization eligibility?

4) If her continuous residency is interrupted by the re-entry permit, does she need to start it over to be eligible for naturalization in 5 years? 

Many thanks in advance!!!

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She needs to live in the US. It is called "Permanent Resident" for a reason. It is not and has never been enough to just travel to the US once in a while for a few weeks.

Edited by JoeF

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On 6/18/2019 at 9:33 PM, prudhvi007 said:

Hi, 

My relative was recently stopped at the US port of entry at the airport, and questioned why she was gone from US for over 6 months (she was gone for approx. 6 months and two weeks). The immigration officer at the port of entry also questioned her intention to live in US as she usually comes to US every 5 months or so, stays in U.S for several weeks and leaves for her former home country. She was never questioned until now. This time, she was 1) questioned strictly at the port of entry, 2) warned about potential LPR status abandonment through judge decision 3) advised to have a re-entry permit in she's gone again for "extended period of time" (no specifics on timing), and finally 4) let into US with an admission stamp in her passport saying "ARC 6 months".

I'd like to know:

1) Based on her experience at the port of entry, does this mean that her LPR status is already considered as "abandoned", even through she was let into US? Is there a way to know if any action was taken against her status? 

2) Does she really need a re-entry permit if she intends to come back in 4 to 5 months? (she has to go back to home country after staying in US for 2 weeks to undergo a special medical treatment since she cannot afford these costs in US).

3) If she does need a re-entry permit, would the two year period (while the permit is valid) be part of continuous residency or does it stop the 5-year countdown to naturalization eligibility?

4) If her continuous residency is interrupted by the re-entry permit, does she need to start it over to be eligible for naturalization in 5 years? 

Many thanks in advance!!!

1. no

2. a re-entry permit might help, but nobody knows

3. whether she has a re-entry permit or not has no effect on continuous residence. Continuous residence would be based on the what actual periods she was in the US and her intent for her actual absences.

Edited by newacct

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