U.S. Residency / Green Card Lawyers

Legal permanent residency in the United States, commonly known as the “Green Card,” can be lost for various reasons established by immigration law. Understanding these reasons is crucial to protecting your immigration status and avoiding serious legal consequences.

One of the most frequent reasons is remaining outside the United States for extended periods, especially when the absence exceeds 180 consecutive days, which can be interpreted as abandonment of residency.

Another common reason U.S. residency can be lost is being convicted of certain crimes, particularly those considered serious or related to fraud, drugs, or violence.

Similarly, providing false, incomplete, or misleading information on immigration applications or to immigration authorities can result in the loss of permanent residency.

In the case of conditional permanent residents, there is also the risk of losing the Green Card if the application to remove the conditions is not filed on time, if the requirements of the conditional status are not met, or if specific immigration rules and regulations are violated.

Knowing these situations and taking preventive measures is key to maintaining permanent residency and avoiding deportation or future inadmissibility.

Can I Get Permission to Travel (advanced parole) While My U.S. Residency Case is Being Processed?

If you apply for residency through family or employment, you must request “advanced parole” or permission to travel from the Immigration Service, before traveling outside of the U.S. However, not everyone is eligible for this, and the Immigration Service may grant or deny your request at their discretion.

Eligibility for Advanced Parole or Permission to Travel

1. You must have been in lawful status at the time you filed your residency adjustment of status petition.
2. You filed your application for residency/adjustment of status on or before September 17, 1998.
3. If you are out of status at the time that you filed for residency/adjustment of status, you may be able to travel if the Immigration Service grants you a waiver of inadmissibility. (Note: This is extremely difficult to obtain.)

To Apply for Advanced Parole, You Must Submit the Following:

1. Application I-131.
2. 2 passport style photos (showing your right ear).
3. The filing fee for the I-131 application (these fees change periodically, so check it at the USCIS website)
4. Supporting documentation to demonstrate the purpose of your travel (ie: letter from your employer stating you must travel for business, an invitation to attend a wedding, medical records of an ill immediate family member, etc.).

If I Represented that I am a U.S. citizen on a Document or Form will That Prevent Me from Obtaining U.S. Residence ?

A false claim of U.S. citizenship can always have a negative impact on any immigration process and in some instances it can result in criminal prosecution.

Whether or not it will constitute an impediment to changing status would depend on the specific circumstances of the misrepresentation, and therefore, the case should be thoroughly reviewed by an immigration lawyer before taking any action.

What is the Priority Date of My Application and How Do I Read the Visa Bulletin?

The priority date is the date your initial application for residency was filed. The USCIS processes these applications in the order they were received, so by looking at what priority date the government is working on right now, we can estimate where your case is in the waiting line.

The priority date in which the government is working for residency petitions, or the current priority date is published in the Visa Bulletin.

The current priority dates are published by application category and the bulletin is updated every month (categories are different by type of relationship—brother vs. parent, by marital and age status of beneficiaries, etc.–See the Visa Bulletin for category classifications).

There are also a different amount of green cards available each year for each category—for example, there are more green cards available for children of U.S. residents than for siblings of U.S. citizens.

The following is an example of how to read the Visa Bullting. If your residency or green card application for your brother was filed in September of 2015, and the Visa Bulletin says that the current priority date for that category is September 2010, meaning that the governemnt is granting visas to those who applied in September 2010,  we can then estimate that your brother’s application will take another 5 years before it can be granted.

This estimate can change according to the number of people who applied in all the years previous to your application filing date or priority date, and are in line within that category. This will be reflected in the Visa Bulletin update. It is therefore, a good idea to check the Visa Bulletin often.