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July 2008 Archives


The U.S. Court of Appeals in New York reinstated a Petition for Renew of an alien claiming asylum because of his lawyer’s failure to file a necessary form because all of his fee had not been paid.The court held that the lawyer who accepted an initial fee and then refused to file the necessary forms, in Court was not acting according to proper legal standards; hence the Court reinstated the Petition

How to keep Green Card, Permanent Resident Status

In remaining outside the U.S. for more than 6 months without returning, an alien may be penalized by losing his card. Even if the card is taken by an Immigration Service Officer, the permanent residence is not necessarily lost.The main issue is one of intent, not merely for being abroad for one continuous period. If circumstances, for example, compel an alien to be abroad for more than a certain period, usually more than 6 months, or even more than one year, the alien under the law would need to demonstrate a continuous, uninterrupted intention to return to the U.S. For example, if someone is abroad because his /her parents were terminally ill, the need to care for the parent would outweigh the wish to return to the U.S.A. Even if the stay would exceed a year, if the alien has an uninterrupted intent to return to the U.S. for work, family or whatever reason that provides a strong incentive to return to his/her residence in the U.S. the alien would be able to retain permanent residence.The Court of Appeals of New York has declared that the visit abroad, “must rely on an event with a reasonable possibility of returning within a short period of time. The time alone is not the only measuring yardstick. The alien must demonstrate a clear intention to return to the U.S
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